On November 21, 2024, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP), which holds contractors responsible for complying with laws prohibiting harassment and discrimination on the basis of race, color, sex, sexual orientation, gender identity, religion, national origin, disability, or veteran status, released a new guide to aid federal contractors and their subcontractors in curbing harassment at construction job sites.
The nine-page guide defines harassment as “unwelcome conduct that is based on a protected characteristic,” such as those outlined above, and the conduct becomes illegal if it is so frequent or severe that it creates a hostile work environment or results in termination or another adverse employment action. The guide also recommends putting formal procedures in place to handle harassment complaints, providing training to workers regarding how to prevent harassment, and regularly advising workers that harassment is prohibited.
Additionally, the guide provides common examples of harassment, such as offense remarks, slurs, or physical contact and information to workers regarding their rights. According to a 2023 report issued by the U.S. Equal Employment Opportunity Commission (EEOC), the construction industry is unfortunately rife with harassment, with 25% of women in the industry reporting that have experienced harassment in some form.
The OFCCP is the latest federal anti-discrimination agency to bring attention to harassment in the construction industry, considering the EEOC also issued a guide in June 2024 that provided recommendations to leaders in the industry to prevent harassment at their construction sites.