Dive brief:
- A construction staffing company failed to hire women, black workers and people over 40 at the request of its clients, the Equal Employment Opportunity Commission alleged in a lawsuit filed in federal court on Sept. 28.
- After learning about the practice from other employees, a recruiter working for Coon Rapids, Minn.-based TKO Construction Services met with the company’s president, who confirmed that the company did not hire the groups specified based on customer preferences. After receiving the information, the recruiter resigned, according to the lawsuit.
- The complaint also alleges that the company screened employees based on gender and race, resulting in women and black workers receiving fewer hours and lower wages on the jobs. “Employers who believe they can ‘outsource’ their discrimination are mistaken,” EEOC Chicago Acting District Director Diane Smason said in a news release about the lawsuit.
Diving knowledge:
TKO Construction Services, a construction staffing company that provides temporary employees for commercial, residential, heavy industrial and energy construction companies nationwide, did not immediately respond to Construction Dive’s request for comment.
But on its website, it emphasizes that it is an equal opportunity company and states that it considers applicants without regard to race, sex or age, as well as other classifications prescribed by law.
Earlier this year, the EEOC issued a report that found persistent discrimination, harassment in the construction sector and the egregious nature of many allegations made the sector particularly troubling. It also concluded that attitudes within the industry create barriers for underrepresented groups at a time when the $1.2 trillion Infrastructure Investment and Jobs Act is spurring new hiring opportunities.
Last week, the sector did its part third annual Construction Inclusion Week, an initiative that began in the wake of the 2020 killing of George Floyd and the ties that appeared in project workplaces across the country. In fact, ties show up so often on construction sites that the EEOC has a data category that tracks complaints about them.
The lawsuit, filed in the United States District Court for the District of Minnesota, seeks compensatory damages and damages for the classes of employees who were allegedly discriminated against. It also seeks back pay from the recruiter who resigned to not engage in the allegedly discriminatory practices.
