Tag: construction industry

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Discrimination and Harassment: Addressing the Scourge in the Construction Industry

Your workplace should be free of discrimination and harassment. Contact the attorneys of Helmer Friedman LLP for information.

Recent studies and investigations suggest that the construction industry stands out from its peers due to a significant prevalence of hate, bias, and discrimination. More so, the industry is marked by egregious instances of harassment. This has made the sector a focal point for the Equal Employment Opportunity Commission (EEOC) under the current Biden administration, which has singled out industries where women and workers of color are underrepresented.

In the post-Infrastructure Investment and Jobs Act era, this focus on hostile work environments in construction has intensified. A noteworthy step was an EEOC hearing dedicated to investigating the culture of racism and sexual harassment within construction. The agency’s yearlong study culminated in a June 2023 report highlighting hostility and discrimination on construction sites.

The construction industry’s unique characteristics make it a hotbed for such adverse behaviors. A homogenous workforce and cyclical and project-based work leave workers exposed to discrimination. These acts of hostility range from taunting tradeswomen and vandalizing black workers’ toolboxes to retaliatory transfers or unfair reduction of hours.

With an urgent need to root out bias, six major general contractors inaugurated Construction Inclusion Week. This initiative mirrored the sector’s successful ‘Safety Week,’ aimed at eliminating bias at building sites.

The EEOC guide proposes five key strategies to combat discrimination and promote a healthier working environment. These include committed and engaged leadership, consistent accountability, comprehensive harassment policies, trusted complaint procedures, and regular interactive training. These are not legal mandates, but adopting these practices will significantly safeguard employers against liability in the event of grievances.

Addressing bias and harassment is not only about creating a conducive work environment; it’s also a strategic move to combat the industry’s labor shortage. Creating an attractive working environment efficiently recruits and retains a diverse workforce, from women to people of color.

Tackling discrimination and harassment has dual advantages. It improves workplace safety and ensures continuous workforce supply aligned with the industry’s growth and needs. Adopting practices that foster a harassment-free workplace is a step in the right direction, not just a compliance checklist.

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Protecting Construction Industry Employees and Union Members from Hostile Work Environment

Trade union members discrimination lawyers in Los Angeles, Helmer Friedman LLP.

Every employee, irrespective of their industry, has the right to a dignified and respectful workplace environment. Distinct laws and regulations protect against discrimination and harassment that can foster a hostile work environment. This article will focus on the construction industry and union members, elucidating the laws that arm them against such unacceptable situations.

The Construction Industry and Trade Unions

Discrimination and harassment on a construction site can take various forms. Whether it’s racial or sexual discrimination or harassment, such occurrences can significantly impact a worker’s mental and physical health, productivity, and overall work satisfaction. Recognizing this, the government has established strict laws and rules to protect the rights of all construction workers, including those members of trade unions.

Fostering a Respectful Work Environment

In a recent civil rights case filed by the New Jersey Office of the Attorney General, the New Jersey Division on Civil Rights brought a lawsuit against the Local 11 Ironworkers Union. The complaint accuses Local 11 of fostering a hostile work environment, resulting in unlawful discrimination based on race, sexual orientation, and sex. The union’s leaders and members allegedly perpetuated this toxic environment, failing to take adequate measures to prevent, halt, or rectify the situation.

Additionally, Local 11 is accused of racial discrimination through its employment referral system, which systematically overlooked Black members for job opportunities and assigned them less desirable positions even when selected for jobs. These charges of discrimination and harassment highlight that no organization is exempt from the obligation to maintain a respectful and equitable work environment.

Legal Protections

The Civil Rights Act of 1964 applies to unions and construction employees. Specifically, Title VII of the act prohibits discrimination by trade unions, schools, or employers involved in interstate commerce or doing business with the federal government. This provision ensures equal treatment and protection against discrimination based on race, color, religion, national origin, and sex within union-related contexts.

Your Rights Are Protected

As a construction worker or a union member, you can rest assured that many laws safeguard your rights. You should not tolerate any form of discrimination or harassment at your workplace. Stand firm against such misconduct and know that the law stands with you.

In conclusion, a hostile work environment is detrimental to individual workers and the industry’s productivity and integrity. The government has implemented stringent laws to prevent such occurrences and protect the rights and dignity of all construction industry employees and trade union members.