Construction employers must focus on anti-discrimination training and basics to avoid racism or sexual harassment among staff that could lead to a complaint from the Equal Opportunities Commission of Employment.
That’s the advice from the Seyfarth law firm, which primarily represents employers and analyzes EEOC complaints and the commission’s policy priorities each year.
“Employers in the construction industry should anticipate increased EEOC scrutiny in the coming years, especially because of the Jobs and Infrastructure Investment Act, a $1.2 trillion initiative signed by President Joe Biden in late 2021,” a Seyfarth legal team wrote in a September 16 blog post.
Recent settlements obtained by the EEOC against a plumbing and mechanical contractor and another against an asphalt paving contractorthey illustrate the severity of the EEOC’s constructionist approach.
“With substantial federal funding allocated to improve roads, highways, bridges and other transit systems, the EEOC will monitor how these infrastructure dollars are spent and whether employers receiving these funds are operating in full compliance with discrimination laws Seyfarth’s lawyers wrote. .
Proactive workforce audits to detect staffing disparities, anti-discrimination training for front-line staff and managers, and updated anti-discrimination policies will help minimize legal risks and safeguard employees, they wrote.
At the law office annual review of EEOC caseslawsuits against the employer in fiscal year 2024 were significantly reduced.
The commission filed just 96 merit lawsuits in fiscal year 2024 (meaning charges are generally resolved in the EEOC’s favor without a civil trial), down from 114 the year before. In addition to enforcing the law against discrimination and sexual harassment, the EEOC also covers compliance with federal laws requiring access for employees with disabilities and the Equal Pay Act. In fiscal year 2024, 42 were disability-related lawsuits, Seyfarth found.
And for the first time in years, Seyfarth found, EEOC used its lawsuits to enforce its data collection rules for employers involving EEO-1 reports.
