Discrimination & Harassment
Everyone has the right to work without being treated unfairly or harassed because of who they are. Harassment and hazing on jobsites is also a safety issue: it drives people away from asking questions and reporting hazards.
- All workers
- State-specific
What’s protected (federal law)
It’s illegal to discriminate in hiring, firing, pay, job assignments, training, promotions, layoffs or other terms of employment because of:
- Race, color, religion, sex (including pregnancy, sexual orientation and gender identity), national origin
- Age (40 and older)
- Disability
- Genetic information
Most of these laws apply to employers with 15 or more employees (20 for age). Many state and city laws cover smaller employers and add more protected categories.
Harassment
Harassment based on a protected characteristic is illegal when it’s severe or pervasive enough to create a hostile work environment, or when it leads to a firing, demotion or other job action. On construction sites this can include:
- Slurs, offensive graffiti in portable toilets, and nooses or other threatening symbols
- Unwanted touching, sexual comments or demands
- Being denied training, tools, PPE that fits, or overtime because of who you are
- Hazing new workers or isolating someone so they work alone in unsafe conditions
What to do
- Write down what happened, when, where, who did it and who saw it. Take photos of graffiti or messages.
- Report it to your supervisor, HR, union steward, or the general contractor, following your company’s policy if it has one.
- File a charge with the EEOC or your state or local fair employment agency. The federal deadline is generally 180 days, extended to 300 days in places with a state or local agency.
Retaliation is illegal. You can’t be punished for reporting discrimination, participating in an investigation, or asking for an accommodation.
Standards & references
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