How Contractors Can Avoid Becoming EEOC’s Next Target
Date Posted: March 30, 2023
Posted In: Discussion, News,
From Construction Dive: The Equal Employment Opportunity Commission, the nation’s top enforcer of discrimination laws in the workplace, recently put construction on notice by calling out the industry by name in its proposed Strategic Enforcement Plan.
While it hasn’t been formally adopted yet — the politics of an unfilled commissioner’s seat have stalled it — observers say the document, which acts as the EEOC’s five-year operating roadmap, has already set the tone and course of enforcement at the agency.
That certainly appears to be the case, given a string of EEOC lawsuits and settlements with construction firms since last May, when it held an exploratory hearing to investigate reports of discrimination and harassment in the sector. A recent JD Supra post highlighted at least eight construction-related cases the agency has pursued since that time, which have resulted in companies being on the hook for nearly $3 million combined in damages and settlement charges.
Then, just last week, the EEOC announced a nearly $2.7 million default judgment against Hanover, Maryland-based construction staffing firm Green JobWorks. The agency’s suit against the company alleged it had refused to hire female workers for demolition and laborer positions because of their sex. Green JobWorks, whose website now appears to be defunct, could not be reached for comment.
Taken together, employment and construction lawyers say the writing is on the wall for an industry that is 85.9% male and 87.3% White, according to the Bureau of Labor Statistics, both overrepresentations compared to the broader labor force.
