New Workplace Harassment Guidance Construction Companies Need to Follow

In recent years, a great deal of focus has been placed on workplace harassment. Guidelines and expectations have shifted, causing many construction companies and other employers to wonder how best to comply. 

On Oct. 2, the U.S. Equal Employment Opportunity Commission published guidance for navigating the standards surrounding workplace behavior. In its Proposed Enforcement Guidance on Harassment in the Workplace, the EEOC presents its position on critical legal issues. This 144-page document is quite thorough, and employers are urged to review it.  

For those looking for the highlights, here are four key topics to keep in mind. 

1. Social media and technology 

As work environments change, harassment can occur in different forms. For example, inappropriate comments can be made in virtual meetings. A person working from a home office might have offensive imagery in the background. Additionally, social media continues to be a platform where work professionals can, unfortunately, make hostile or harmful remarks. It is valuable to remind employees that harassment can occur online as well as in person. 

2. Gender and sexual discrimination  

The tenets of Title VII of the Civil Rights Act of 1964 prohibit discrimination based on sex (as well as race, color, religion and national origin). In its new guidance, the EEOC explains that this protection extends to discrimination based on gender identity and sexual orientation. It also covers employees’ pregnancies and related medical conditions, as well as their decisions regarding birth control and abortion.  

3. Broad parameters for complaints 

The EEOC guidance addresses that a person can file a hostile work environment complaint even if the offensive behavior was directed at someone else. The complainant does not have to be the target of the action and does not have to be present when it occurred. Given these broad parameters, more people may be allowed to file a claim. 

4. Understanding liability 

When a harassment claim is made, it is sometimes unclear who is liable. The EEOC guidance addresses situations in which the employer is directly liable or vicariously liable. This determination depends on who made the harassing comment or action (employer proxy, alter ego, supervisor or someone else) and if the employer neglected to prevent or correct the hostile atmosphere. 

The latest EEOC guidance can be helpful on many levels, as it addresses conditions created or amplified in recent years. However, since it is such a lengthy document, it can seem daunting to read and comprehend. 

If you have questions about the guidance or how to update your anti-harassment policies and procedures, do not hesitate to ask for legal assistance. An experienced employment attorney can explain the major themes of the guidance and review your company’s practices. That way, you can protect your employees and ensure a safe work environment while also protecting your company’s best interests. 

The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation. 

Trent Cotney is a partner and construction practice group leader at the law firm of Adams and Reese LLP and NRCA General Counsel. You can reach him at [email protected] or 866.303.5868.