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Construction Law
and required the employers to provide specific targeted training to managers, and also to terminate the individual who was accused of harassment.
With the EEOC focused on the industry, companies should ensure they are following best practices to improve diversity and inclusion, as well as to reduce the risk of EEOC action. For example, construction companies may want to implement robust training programs to educate managers about discrimination and retaliation, and have systems in place to investigate all claims of discrimination or harassment. Even a seemingly minor complaint can cause issues if it is not investigated. This is because if a complaining party believes the employer has failed to act, the individual may turn to the EEOC or an attorney for assistance. Moreover, if the individual does proceed, a thorough investigation can often provide the employer with excellent defenses. With the agency focused on the industry, a small amount of attention to prevention is well worthwhile.
Helen Holden is a Partner in the Phoenix, AZ office of Spencer Fane LLP. Contact her at: hholden@spencerfane.com.
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FDCC ANNUAL INSIGHTS 2023