Every day in construction we focus on how to work productively and profitably with zero accidents. Our blueprint must include creating respectful work environments.

that workers who felt psychologically unsafe on the job were 80 percent more likely to report they had been injured at work, requiring medical attention or workplace absences.

Employers that highly 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, 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 entering 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, 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 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 Co. (2023), a general contractor paid $1.2 million to settle a race harassment and retaliation lawsuit in which portable toilets 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), a contractor 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—-t.” 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. Courts 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 your potential legal expenses are limited?

• 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;
• Create 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; and
• Adopt a comprehensive harassment policy.

What are some key elements of a comprehensive anti-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 the person is 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 that the employer will take immediate, reasonable and proportionate corrective action; and
• Unequivocal statement that retaliation is prohibited.

What are some best practices for harassment trainings?

• Live, interactive trainings are best;
• Structure trainings to facilitate open communication and opportunities to ask questions;
• Tailor trainings to construction, including specific examples;
• Those with managerial or supervisory responsibility should have specific training on preventing, stopping and correcting harassment;
• Reinforce the information presented in brief segments, like morning meetings or toolbox talks; and
• Inform people 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.

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. Contact her at 414-902-0303 or lauri@laurirollings.com.

The opinions, beliefs and viewpoints expressed in the preceding commentary are those of the author and do not necessarily reflect the opinions, beliefs and viewpoints of the Daily Journal of Commerce or its editors. Neither the author nor the 91��Ƶ guarantees the accuracy or completeness of any information published herein.

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PORTLAND, Ore. (AP) — Federal watchdogs are suing Portland-based Viewpoint Construction Software and its recruiting firm CampusPoint Corp., alleging they refused to hire a job applicant who is deaf.

Viewpoint makes software that construction firms use to plan and manage large projects. It sold to California company Trimble for $1.2 billion in 2018 but continues to operate under the Viewpoint name, The Oregonian/OregonLive reported.

The U.S. Equal Employment Opportunity Commission alleges Indigo Matthew applied to work as a Viewpoint product and pricing analyst in 2018. Matthew has substantial hearing loss but passed an initial screening from both companies, according to the lawsuit.

While one interview was done with help from a video relay service, and Matthew said he can read lips in individual meetings, the lawsuit says he requested an American Sign Language interpreter for his group interview.

According to the EEOC, Viewpoint and CampusPoint refused to pay for that and “erroneously assumed that Matthew would need a fulltime interpreter if he was hired for the analyst position.”

Viewpoint rejected Matthew’s application and he was unable to get them to reconsider, according to the EEOC.

Neither Viewpoint nor CampusPoint responded to requests for comment from the newspaper.

The lawsuit, filed in U.S. District Court in Portland, seeks an injunction to block Viewpoint and CampusPoint from discriminating against job applicants and pay Matthew for lost compensation and unspecified punitive damages.

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