By: Haley Fisk and Evan Szarenski
On November 21, the Office of Federal Contract Compliance Programs (OFCCP) released a guide intended to assist federal contractors in fighting harassment in the construction industry. As the federal government has made major expenditures on construction projects, OFCCP has increasingly focused its efforts in the construction industry, where harassment and discrimination have historically been pervasive. This guidance follows a trend where agencies including The White House and the EEOC has published their stance on similar issues, listed below:
- White House’s October 2021- National Strategy on Gender Equity and Equality
- White House’s May 2023 – National Plan to End Gender-Based Violence
- EEOC’s April 2024 – Enforcement Guidance on Harassment in the Workplace
- EEOC’s June 2024 – Promising Practices For Preventing Harassment In The Construction Industry
The OFCCP guide outlines what constitutes harassment and explains the agency's position on harassment for construction contractors. Some key points are:
- Harassment is unwelcome conduct that is based on any protected characteristic and is considered illegal if its frequency or severity creates a hostile work environment or results in adverse employment discrimination to the victim. Harassment in the workplace can be received from anyone. The harasser may be a supervisor, co-worker, or even a third party (e.g., client, vendor, subcontractor). All workers are entitled to a harassment-free workplace, the right to report harassment, and protection from retaliation as a result of making a complaint.
- Sexual harassment is a type of harassment on the basis of sex, which may include unwelcome sexual advances, offensive remarks, or other conduct that impacts work performance or creates a hostile work environment. Gender or sex-based harassment remains a serious issue in the construction industry. Not only is harassment a significant obstacle to women maintaining jobs in construction, it also impact the safety, health and economic impact on a construction site and workers in general.
- Contractors are obligated to combat unlawful discrimination and harassment under the laws enforced by OFCCP: Executive Order 11246, Section 503, and VEVRAA. Guidance for meeting obligations under OFCCP is detailed in the Technical Assistance Guide for Construction Contractors. Promising practices to combat harassment include: clearly communicating and training personnel frequently about how to identify and combat harassment; the formal procedures in place to handle harassment in the workplace; ensuring equal opportunity to advancement opportunities regardless of any protected characteristic; and promoting a culture of respect for everyone.
DCI will continue to monitor developments in this space and post updates to the DCI Blog.
