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EEOC Addresses Jobsite Harassment with New Guide

The Equal Employment Opportunity Commission released a new guide, Promising Practices for Preventing Harassment in the Construction Industry, to help construction leaders tackle workplace harassment. The initiative is part of the EEOC’s broader effort to address bias in the construction sector amidst significant federal investment through the Infrastructure Investment and Jobs Act and the CHIPS and Science Act.

Why the guide was created

Jocelyn Samuels, vice chair, EEOC, emphasizes that harassment, including sexual harassment and racial discrimination, remains a pervasive issue in the industry, which has been a focus for the EEOC during the Biden administration. The EEOC’s Strategic Enforcement Plan for 2024-2028 targets sectors like construction, where women and workers of color are underrepresented.

Following a 2022 hearing and a subsequent investigation, the EEOC found persistent harassment in construction, marked by incidents such as nooses on worksites and racist and sexist taunts. Characteristics specific to the construction sector, such as a homogenous workforce and project-based work, exacerbate vulnerability to discrimination.

Addressing industry challenges

As the industry continues to face a labor shortage, addressing bias and harassment has become a key priority for industry leaders. Their goal is to make construction more appealing to a broader labor pool while retaining and protecting current workers.

“Harassment imposes immediate costs on those who are subject to it, and harassment based on race, sex, and national origin is also a significant barrier to recruiting and retaining women and people of color in construction,”  the EEOC document reads. “It is also a workplace safety issue.”

What the guide includes

Geared toward project owners, general contractors and subcontractors, the guide outlines five strategies: committed and engaged leadership, consistent accountability, comprehensive harassment policies, accessible complaint procedures, and regular tailored training. Though the document isn’t legally binding, adherence to its recommendations can help employers mitigate liability.

Addressing harassment is not only a moral imperative but also key to recruiting and retaining a diverse workforce amid labor shortages. Voluntary compliance is preferred, but the EEOC is prepared to hold employers accountable if necessary. The aim is for the industry to adopt these practices to create a safer, more inclusive environment.