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Dive Brief:
- The Equal Employment Opportunity Commission has continued to focus on discrimination and harassment in the construction industry, settling three lawsuits against construction companies in recent weeks for a combined total of more than 2, 9 million dollars.
- The agency settled a racial harassment and retaliation lawsuit against a Sorrento, Florida-based plumbing and HVAC contractor. JA Croson for $1.6 million; a racial discrimination lawsuit against Hammonton, New Jersey Asphalt Paving Systems for $1.25 million; already sexual harassment complaint against Balfour Beatty Infrastructure, which is based in the U.S. in Atlanta, for $80,000, according to court documents.
- “This case underscores the urgent need for the EEOC’s ongoing efforts to eliminate racism in the construction industry,” EEOC Chair Charlotte A. Burrows said in a press release detailing the agreement with Asphalt Paving Systems. “The EEOC will continue to use all of its tools, including vigorous enforcement and litigation where necessary, to address these systemic issues and promote safe and inclusive workplaces for all.”
Diving knowledge:
None of the companies involved in the three deals admitted wrongdoing.
In the first case, the EEOC assumed JA Croson they subjected black and Hispanic workers to racial slurs, derogatory language, the display of a Confederate flag, and degrading and humiliating work assignments based on race and national origin. The company did not respond to Construction Dive’s request for comment.
At Asphalt Paving Systems, which focuses on pavement preservation, recycling and reconstruction, as well as materials testing services, the EEOC alleged that black employees were subjected to severe and frequent harassment because of their race, including so-called racial slurs.
He also claimed they were subject to physically threatening behavior where supervisors brought weapons to work and a supervisor obtained a gun in one case. In a news release, EEOC said APS took no action to correct the behavior.
But in a statement, APS attorney John Palladino told Construction Dive that the company implemented mandatory EEOC training for all of its supervisory staff and established a reporting hotline to resolve any issues, even before the agency asked you to do so. He also noted that the company denied the allegations in the complaint, particularly that employees raised their concerns with senior management. The company decided to settle to avoid the cost and labor of going to trial, according to Palladino.
“That said, this matter has served the admirable purpose of raising awareness of all issues related to discrimination in the asphalt paving systems workplace,” Palladino wrote.
The lawsuit against Balfour Beatty alleged that the company subjected an employee to a sexually hostile work environment in Craven County, North Carolina, and retaliated against her by moving her to a less desirable job when she complained. A co-worker allegedly sent the woman inappropriate text messages and promised to teach her how to drive a bulldozer if she sat on his lap. The settlement said the parties agreed to settle the matter and avoid further litigation costs.
In a statement emailed to Construction Dive, Mark Konchar, president of U.S. civils at Balfour Beatty, said, “We are committed to providing a workplace where everyone feels respected and valued. While this matter is “has resolved, we do not tolerate any unacceptable behavior. We expect all our people to be respectful and inclusive and to hold each other accountable. By having a workplace that allows everyone to reach their full potential, we will become an even better business.”
The settlements come amid an intensification EEOC’s analysis of the construction industry under the administration of President Joe Biden.
The agency, which is responsible for enforcing federal laws prohibiting discrimination in the workplace, outstanding construction in its five-year road map for enforcement issued a scathing report on racists and sexists harassment at the works and published a guide to recommended best practices for AEC companies to prevent discriminatory behaviour at work
