Increased Scrutiny into Sex Discrimination in Construction
According to the latest publication from the U.S. Bureau of Labor Statistics, women make up approximately 10 percent of the workers in the construction industry.
Last year, the Equal Employment Opportunity Commission (EEOC) held a hearing to discuss discriminatory practices in the construction industry. Since then, they have filed several lawsuits against construction industry employers to address the discriminatory practices.
In 2022, two new federal laws were enacted expanding protections for pregnant workers. The Pregnant Workers Fairness Act (PWFA), which goes into effect on June 27, 2023, gives workers the right to receive reasonable accommodations such as: light duty, breaks, or a stool to sit on, for pregnancy, childbirth recovery, and related medical conditions, including lactation, unless it would be an undue hardship on the employer. The Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act expands breastfeeding accommodations to exempt employees.
Moreover, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act preserves an employee’s right to litigate sexual assault and/or sexual harassment claims in court, making pre-dispute arbitration agreements optional for these claims.
In summary, it is important to implement policies and procedures designed to prevent, detect, and remedy unlawful harassment. It is important to train all employees on appropriate behavior in the workplace. It is important to take complaints seriously, to investigate them, and to implement corrective action designed to end harassment. And lastly, it is important to review your hiring practices, opportunities for promotion, and pay for women in the workforce.
If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.
