Feds Release New Harassment Guide for Construction Contractors

The federal government is once again focusing on harassment in the construction industry, releasing new guidance specifically aimed at federal contractors. This guidance comes after a report from civil rights officials last year that highlighted widespread harassment issues within the industry. The new guidance, issued by the Office of Federal Contract Compliance Programs (OFCCP), provides additional details for federal contractors in construction. Below are seven key takeaways from the newly released guide.

Key Background

The OFCCP issued the updated guidance on November 21, reinforcing its commitment to addressing discrimination and harassment in the construction industry. This move follows a report from the U.S. Equal Employment Opportunity Commission (EEOC), which last year identified critical harassment issues across the sector. Although future policy changes under President-elect Trump's administration may impact OFCCP and EEOC priorities, contractors should still take proactive measures to prevent harassment.

This new guidance applies to all federal construction contractors, subcontractors, and federally assisted contractors who fall under OFCCP's jurisdiction based on specific thresholds. It also coincides with the OFCCP's decision to reinstate a monthly compliance report for covered contractors, part of broader efforts to address harassment in the construction sector.

7 Key Takeaways for Contractors

A Refresher on the Basics
The new harassment guidance reinforces that OFCCP rules prohibit:

• Harassment, which may be considered unlawful discrimination,
• Retaliation against individuals for filing complaints, participating in investigations, opposing discrimination, or exercising protected rights under the rules.

Harassment is defined as unwelcome conduct based on protected characteristics (e.g., race, gender, disability, sexual orientation) that becomes unlawful when it creates a hostile or offensive work environment or leads to adverse employment actions (e.g., firing, demotion).

Harassment Can Take Various Forms
The guidance highlights that harassment can take many forms, including:

• Racial slurs or derogatory nicknames,
• Unwelcome remarks about a protected characteristic, disguised as jokes,
• Criticizing job participation due to someone's sex,
• Labeling someone incompetent because of pregnancy or related medical conditions,
• Teasing someone because of their disability,
• Displaying derogatory written comments about a protected characteristic at the worksite,
• Discriminating against women by maintaining inferior restroom facilities.

Harassers Are Not Limited to Supervisors
The new guide clarifies that harassment can be unlawful regardless of whether the harasser is a supervisor, co-worker, or third party, such as a client or vendor. Everyone in the construction industry is expected to model appropriate behavior to create a respectful and productive work environment.

Sexual Harassment Is Just One Form of Sex-Based Harassment
The guidance stresses that sex-based harassment covers more than just sexual harassment. It also includes harassment due to pregnancy, childbirth, related medical conditions, and harassment based on gender identity or transgender status.

Sex-Based Harassment Poses Safety Risks
The OFCCP highlights that harassment based on sex or gender creates safety risks in construction, a dangerous industry that often requires teamwork. “Since construction work is sometimes dangerous and requires the work of a team, harassment can endanger the well-being of more than the direct victim of the harassment,” the guide notes.

Federal Contractor Obligations to Address Harassment
The guide reiterates that federal contractors must:

• Make good faith efforts to meet participation goals for women and minorities,
• Maintain a harassment-free working environment,
• Ensure employees are not harassed based on disability or veteran status,
• Comply with other harassment-related regulatory requirements.

Best Practices for Federal Contractors
The OFCCP recommends the following best practices for contractors:

• Clearly communicate that harassment is not tolerated,
• Provide examples to help employees identify harassment,
• Offer training on harassment identification and prevention,
• Post equal employment opportunity (EEO) policies at accessible job sites,
• Develop and implement formal procedures for handling harassment complaints,
• Take immediate action when harassment is reported,
• Foster a culture of respect and encourage inclusive apprenticeship programs.

The new guidance from the OFCCP represents a significant push for greater accountability in the construction industry when it comes to preventing harassment. As federal contractors navigate these requirements, they should stay informed about ongoing developments and consult with legal experts to ensure compliance with the latest rules.