How Construction Employers Can Avoid EEOC Complaints

The Equal Opportunity Employment Commission has targeted racial bias and sexual harassment in the construction industry.

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Construction employers need to stay focused on training and anti-discrimination basics in order to prevent racism or sexual harassment among staff members that could lead to an Equal Employment Opportunity Commission complaint.

That is the advice of the Seyfarth law firm, which mainly represents employers and each year analyzes EEOC complaints and the policy priorities of the commission.

"Employers in the construction sector should anticipate increased scrutiny from the EEOC in the coming years, especially because of the Infrastructure Investment and Jobs Act, a $1.2 trillion initiative signed into law by President Joe Biden at the end of 2021," a team of Seyfarth attorneys wrote in a September 16 blog post.

Recent settlements gained by the EEOC against a plumbing and mechanical contractor and another against an asphalt paving contractor, illustrate the seriousness of EEOC's construction focus.

"With substantial federal funding allocated for upgrading highways, roads, bridges, and other transit systems, the EEOC will be monitoring how this infrastructure money is spent and whether employers receiving these funds are operating in full compliance with discrimination laws," the Seyfarth attorneys wrote.

Proactive workforce audits to detect disparities in the staff, anti-discrimination training for staff and front line managers and updated anti-discrimination policies will help minimize legal risks and safeguard employees, they wrote.

In the law firm's annual review of EEOC cases, lawsuits against employer in fiscal 2024 were down significantly.

The commission filed only 96 merit lawsuits in fiscal 2024 (meaning, the charges are resolved usually in EEOC's favor without a civil court trial), down from 114 the year before. In addition to enforcing anti-discrimination and sexual harassment law, EEOC also covers compliance with federal laws requiring access for employees with disabilities and the Equal Pay Act. In fiscal 2024, 42 were disabilities-related lawsuits, Seyfarth found.

And for the first time in many years, Seyfarth found, EEOC used its lawsuits to enforce its data collection rules for employers involving the EEO-1 reports.

Deputy Editor Richard Korman helps run ENR's business and legal news and investigations, selects ENR's commentary and oversees editorial content on ENR.com. In 2023 the American Society of Business Publication Editors awarded Richard the Stephen Barr Award, the highest honor for a single feature story or investigation, for his story on the aftermath of a terrible auto crash in Kentucky in 2019, and in 2015 the American Business Media awarded him the Timothy White Award for investigations of surety fraud and workplace bullying. A member of Investigative Reporters and Editors, Richard has been a fellow on drone safety with the McGraw Center for Business Journalism at the Craig Newmark Graduate School of Journalism at CUNY. Richard's freelance writing has appeared in the Seattle Times, the New York Times, Business Week and the websites of The Atlantic and Salon.com. He admires construction projects that finish on time and budget, compensate all team members fairly and record zero fatalities or serious injuries.

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