The Equal Employment Opportunity Commission has issued new guidance for harassment prevention on construction industry worksites.
The guidance, while not binding, can be used as a template for construction firms to implement anti-harassment policies. According to the EEOC, the industry has an especially high incidence of harassment complaints, and “some of the most egregious incidents of harassment investigated by the EEOC have arisen in the construction industry.”
The nature of the construction industry includes risk factors that may increase the likelihood of harassment, including workforces that are primarily male, those where there is pressure to conform to traditional stereotypes, and decentralized workplaces, according to the EEOC.
These factors may be exacerbated by the presence of multiple employers on a worksite, and the cyclical, project-based nature of construction.
The guidance, “Promising Practices for Preventing Harassment in the Construction Industry,” outlines the main principles for implementing an effective strategy to prevent workplace harassment, as follows:
Buy-in from leadership
Worksite leaders, from the project owner to crew leads to union stewards, should clearly, frequently and unequivocally message and demonstrate that harassment is prohibited.
The EEOC recommends that project owners and general contractors prioritize and emphasize worksite-wide collaboration to prevent and correct harassment. The general contractor is typically well positioned to coordinate harassment prevention across a worksite and serve as a backstop for resolving difficult issues
General contractors should assist subcontractors and staffing agencies with their legal obligations under federal anti-discrimination laws by referring them to the EEOC’s Small Business Resource Center.
It also recommends that project owners or sponsors consider requiring that contract bids include a plan to prevent and address workplace harassment.
Strong and comprehensive harassment policies
Policies should include:
- A clear description of prohibited conduct, with examples tailored to the work environment, such as taunting tradeswomen when they are performing a difficult or dangerous task, or vandalizing the toolboxes or personal protective equipment of Black workers.
- An unequivocal statement that harassment is prohibited.
- A description of complaint and reporting processes, and where to find more information about them.
- A commitment that the employer will provide a prompt, impartial and thorough investigation, and that it will keep confidential the identity of individuals who make reports.
- A statement that workers are encouraged to report harassment, bullying or other inappropriate conduct even if they are not sure if the conduct violates the policy.
- A discipline policy that is prompt, consistent and proportionate to the severity of the harassment or related misconduct, such as retaliation.
- An unequivocal statement that retaliation for reporting harassment is prohibited.
- Account for language barriers in the workforce, such as for non-native English speakers or workers with poor literacy.
Policies should also include steps for when a subcontractor lacks the experience or resources to resolve an issue, takes inadequate steps to address or prevent harassment or fails to take reasonable corrective action in response to harassment.
In such instances, a general contractor should consider facilitating and assisting subcontractors in finding solutions, especially when harassment is occurring between workers from different employers.
Regular and effective training
All workers should be regularly trained on the harassment policy and complaint system.
Training should be:
- Clear, easy to understand and offered in languages commonly used by onsite workers;
- Tailored to the specific workforce and work environment; and
- Interactive, if feasible. Alternative options include providing training through an interactive module accessible via mobile phone or watching a series of short video clips, followed by a guided discussion about the clips.
The takeaway
While the guidance isn’t legally binding, employers should consider following its recommendations as doing so can reduce the risk of liability.