How to Respond to the EEOC’s Guidance to Prevent Harassment in Construction

Harassment is still unfortunately prevalent in the workplace today. In fact, according to the U.S. Equal Employment Opportunity Commission (EEOC), over one-third of the charges it received between 2019 and 2023 included an allegation of harassment. This statistic is significant because it underscores that the harassment prevention strategies being implemented by many organizations are not working.

Earlier this year, the EEOC identified the construction industry as being particularly prone to workplace harassment. In fact, the more egregious harassment cases that the EEOC brings often arise from construction workplaces. According to the agency, construction is more likely than other industries to foster harassment because the sector is male-dominated, and participants tend to conform to traditional stereotypes. In addition, work and worksites are largely decentralized and project-based, and they frequently involve multiple employers. Together, these factors are the reason that construction was put under the EEOC’s microscope.

To address this ongoing issue, the EEOC released Promising Practices for Preventing Harassment in the Construction Industry, a guidance document identifying practices that industry leaders can adopt to stem the harassment tide. While this guidance is construction-focused, many of its recommendations also apply to other industries—such as finance; science, technology, engineering, and math (STEM); and manufacturing—that may share common risk factors. For instance, finance and STEM are historically also male-dominated industries, and manufacturing can be very project-based by nature.

Beyond the inherent risk factors of harassment in construction, it’s also important to go a layer deeper into the demographics of the industry. A 2023 EEOC report found that, in addition to women being underrepresented in the industry, Black workers make up an extremely small percentage of its workplace—especially in the higher-paid, higher-skilled trades. The report shows that women represent only 11% of all workers in construction—including office and clerical positions—Black workers make up less than 7%, and Asian workers account for a mere 2%. This level of underrepresentation not only contributes to a lack of inclusion and diversity (I&D) but also increases the likelihood of harassment occurring and not being addressed.

For example, nearly 1 in 4 women in construction have reported “near constant” sexual harassment in the workplace. Moreover, 1 in 5 women of color have reported frequent racial harassment on the job, with the EEOC reporting that some of the most egregious cases over the last decade occurred in construction—many of which involved racial and ethnic slurs, graffiti, references to slavery, acts of physical violence, and more.

Reporting protocols and retaliation have also proven to be big challenges within the construction industry. The EEOC has found that construction workers who experience discrimination, particularly those on temporary assignments or in apprenticeships, often do not know to whom or how to report violations. What’s more, retaliation has persisted across the industry, hindering efforts to prevent and remedy unlawful discrimination and harassment.

When looking at these statistics as a whole, it’s fair to say that harassment is an ongoing threat across jobsites and that the construction industry has a long way to go toward solving these challenges.

Looking Ahead

The EEOC’s recent guidance on preventing harassment in the construction industry offers some key next steps for the construction industry, but it can—and should—also be applied to all industries to address harassment in the workplace at a broader scale. Some of this guidance includes:

• Creating strong and comprehensive anti-harassment policies: These policies are the foundation for shaping and maintaining a healthy workplace and require input from all company stakeholders. To be successful, organizations must ensure these policies, 1) are updated regularly, 2) incorporate any new state laws or guidance, and 3) are thoroughly promoted to employees so that they’re aware of what harassment or misconduct entails.
• Creating trusted and accessible reporting procedures: Employees must understand how to report harassment or any other form of misconduct so that employers can address it. Establishing designated reporting protocols and channels—that also allow for anonymity when preferred—is not only essential to creating safe, compliant workplaces but also gives employees the resources and confidence they need to speak up.
• Conducting regular, interactive training: Once the proper policies and procedures are in place, employees need to be thoroughly and regularly trained. This is important for new and existing employees alike as laws and guidance can change at any time.
• Cultivating trust and transparency: A healthy workplace demands that employees trust their employers to prioritize worker safety and well-being. A recent Traliant survey found that only 44% of workers feel that their employers promote a speak-up culture, and one-third would report misconduct only if they could do so anonymously. Employers can instill trust by thoroughly communicating what harassment policies entail, how situations are handled when reported, and what corrective actions are taken if allegations are substantiated.
• Widening the hiring pool: Strategies to lawfully increase I&D can help level the playing field for those who are underrepresented.

There are many lessons to be learned from the experience of workers in the construction industry, and this puts the EEOC’s recent recommendations at the forefront of guiding more industrywide action to address harassment. Time is of the essence to proactively reduce harassment, especially for industries that see similar risk factors to construction. It’s not only a compliance issue, but a safety issue.

Elissa Rossi is vice president of compliance with Traliant in New York City.