Every day in construction we focus on how to work productively and profitably with zero accidents. Our blueprint must include creating respectful work environments. The National Safety Council found that workers who felt psychologically unsafe on the job were 80% more likely to report they had been injured at work, requiring medical attention or missed days of work.
Workplaces that prioritize psychological safety—a climate where people feel free to express their ideas, questions, concerns, and mistakes without fear of negative consequences—are winning the battle for productivity. After studying 180 of its teams, Google found that psychological safety was the single most important predictor of team performance.
Treating people with respect on the job is also key to addressing our workforce shortage. For every skilled worker coming into the workforce these days, there are five who are retiring. Because we are already struggling to keep pace with the demand for skilled people, we cannot afford to lose good people to preventable issues like bullying and harassment. Unfortunately, a recent report by the Institute for Women’s Policy Research showed that lack of respect, discrimination, and harassment drive people out of the trades, with almost 50 percent of women saying they have seriously considered leaving and 76 percent of Black and 77 percent of Asian construction workers reporting limited career progression due to their race.
Harassment is not only an engine of turnover, it is a construction safety hazard. The federal Equal Employment Opportunity Commission found that because construction work is potentially hazardous and often performed in teams, harassment on construction sites can endanger workers’ physical safety and increase the chance of injury. That finding was borne out in EEOC v. Focus Plumbing (2021), in which a plumbing contractor paid $500,000 to settle a sex harassment and retaliation case in which it reassigned two women who complained of sexual harassment to “undesirable or detrimental work assignments” involving heavy lifting with no help.One of those women suffered a stroke as a result of the difficult labor.
Organizations that ignore workplace culture issues are also at risk of significant and avoidable legal expenses. In EEOC v. Whiting-Turner Contracting Company (2023), a general contractor paid $1.2 million to settle a race harassment and retaliation lawsuit in which portajohns were defaced with racially offensive graffiti and a noose. Although Black employees reported these issues several times, the company failed to investigate and instead fired the two employees who complained. In EEOC v. Boh Bros. Construction Co. (2013), acontractor paid $125,000 to settle a same-sex harassment case. There, after a male iron worker made a remark his male foreman considered “feminine,” the foreman began calling the worker “princess” and “f*ggot.” Several times, the foreman approached the worker from behind and simulated intercourse with him. More than once, the foreman exposed himself to the worker.
You might be thinking something along the lines of, “This is construction. It’s a tough environment. People need to grow a thicker skin.” But several courts have held that a coarse or crude working environment is not a defense to harassment and discrimination claims. They have also held that women who choose to work in male-dominated trades do not relinquish their right to be free from sexual harassment, and that common use of racial epithets in an industry is not a defense to a hostile work environment claim.
So what can you do to create respectful work environments where everyone can work safely and in which you can limit your potential legal expenses?
- Model respectful behavior and prevent bullying and harassment against all workers, whether or not they are members of protected groups covered by anti-discrimination laws
- Crate an accessible complaint system with multiple reporting channels
- Conduct regular training for all workers on creating respectful work environments and preventing and addressing bullying and harassment
- Adopt a comprehensive harassment policy
What are some key elements of a comprehensive harassment policy?
- Unequivocal statement that harassment is prohibited
- Clear description of prohibited conduct, with examples tailored to the work environment, for example:
- Taunting a tradesperson when they are performing a difficult or dangerous task
- Vandalizing toolboxes or personal protective equipment
- Description of the reporting processes
- Commitment that the employer will provide prompt, impartial, and thorough investigation
- Assurance the employer will take immediate, reasonable, and proportionate corrective action
- Unequivocal statement that retaliation is prohibited
What are some best practices for harassment trainings?
- Live, interactive trainings are best
- Structured to facilitate open communication and opportunities to ask questions
- Tailored to construction, including examples specific to construction
- Those with managerial or supervisory responsibility should have specific training on preventing, stopping, and correcting harassment
- Reinforced in brief segments, like morning meetings or toolbox talks
- Information on how to intervene when witnessing harassment (also known as bystander intervention training)
By taking proactive steps to create respectful job sites that are free from bullying and harassment, construction employers can create safer, more productive work sites while also limiting their potential exposure to legal expenses. While these steps cost time and money, they reap great rewards.
About the Author
Lauri Rollings is a former lawyer who now operates a business consulting firm. She has more than 20 years of experience providing strategic advice and solutions as an attorney, an executive director of construction trade associations, and as a consultant. Her services help businesses run more efficiently and promote recruitment and retention of a diverse, productive workforce. Rollings previously served as Executive Director of the Plumbing and Mechanical Contractors Association of Oregon and Executive Director of the Plumbing Mechanical & Sheet Metal Contractors’ Alliance of Milwaukee. Before joining the construction industry, she practiced law for more than a decade representing clients in a broad range of industries. Before that, she was a newspaper reporter. Rollings graduated with honors from both Stanford Law School and the University of Wisconsin.
