In June, the Equal Employment Opportunity Commission (EEOC) issued guidance on preventing harassment in the construction industry, which it felt was necessary because workplace harassment in the construction industry remains prevalent and often unchecked. Without trying to point to the factors contributing to these problems, the EEOC has said "enough" as it turns to an industry apparently unable to police itself.

The guidance implements no new laws or requirements but will likely create a benchmark used by the EEOC, the Plaintiff’s bar and Courts in measuring reported harassing conduct. The EEOC focuses on five “core principles” generally considered effective in preventing and addressing harassment:

• Committed and engaged leadership.
• Consistent and demonstrated accountability.
• Strong and comprehensive harassment policies.
• Trusted and accessible complaint procedures.
• Regular, interactive training tailored to the audience and the organization.

Project owners and general contractors are expected to prioritize worksite collaboration, policies and training for all contractors at worksites and to model good practices. In addition to possible postings on job sites, providing enforcement or investigative personnel for complaints or for portions of project site meetings dedicated to awareness, similar to government contractors, construction contractors will also likely have to now make affirmative representations about employment training and enforcement programs and expect audits of the presence of such programs. It is also likely that contracts will require subcontractors to notify developers, owners or the general contractors about harassment or discrimination claims.

 If you need help putting in place contractual requirements or a program to ensure compliance, reach out to us at RKW.

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