EEOC Issues Guidance for Preventing Harassment in the Construction Industry
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APPLIES TO Construction Industry Employers |
EFFECTIVE June 18, 2024 |
QUESTIONS? Contact HR On-Call |
Quick Look
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Discussion
On June 18, 2024, the Equal Employment Opportunity Commission (EEOC) issued guidance for construction-industry leaders and employers to consider when implementing prevention programs and addressing harassment in the workplace. The guidance comes as part of the EEOC’s Strategic Enforcement Plan for fiscal years 2024-2028, which provides direction on the EEOC’s current objectives, principles, and enforcement efforts.
The new guidance emphasizes several core principles intended to help prevent and address harassment in the construction industry. The core principles include recommended practices to help employers remain in compliance with federal EEO laws. The principles and recommendations include:
- Committed and Engaged Leadership. The EEOC emphasizes the importance of vocal leaders, including project owners, general contractors, crew leaders and union stewards, to demonstrate that harassment is prohibited. This includes providing anti-harassment and anti-discrimination training, actively monitoring the workforce for non-compliance, and seeking feedback from workers about anti-harassment efforts.
- Comprehensive Harassment Policies. The EEOC expects employers in the construction industry to implement and maintain clear and comprehensive anti-harassment/anti-discrimination policies. These policies should clearly outline who is covered under the policy, what conduct is prohibited, and how employees can submit complaints or reports of conduct that violates the policy. The EEOC emphasizes the importance of employee accessibility of these policies, stating they should be posted in easy to find places such as near breakrooms or the timeclock.
- Accessible Complaint Reporting System. Due to the overlap of multiple employers within the construction industry, the EEOC reiterated the importance of maintaining a well-established and accessible compliant reporting system for employees. The reporting system should be easy to understand and should include both formal and informal methods for reporting employee complaints or concerns of harassment or discrimination. The EEOC highlighted using a “no wrong door” environment for workers.
- Regular and Interactive Training. Lastly, the EEOC focused on the importance of providing regular training to all workers. The EEOC recommends tailoring the training to each specific worksite, providing clear and easy to understand explanations of what is and is not acceptable. The training should be interactive, whether through group discussions or through interactive module training.
The guidance also follows the EEOC’s 2023 report titled “Building for the Future: Advancing Equal Employment Opportunity in the Construction Industry,” in which EEOC Chairman Charlotte Burrows examined discrimination based on race, national origin, and sex in the construction industry. Given the EEOC’s ongoing focus on the construction industry, employers should be proactive in taking steps to prevent discrimination and harassment in the workplace.
Action Items
- Review and update equal employment opportunity and anti-discrimination/harassment policies.
- Provide training to all employees, including managers, on what conduct is prohibited and how to report complaints of harassment and/or discrimination.
- Train managers on how to respond if they become aware of discrimination or harassment in the workplace.
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