The Equal Employment Opportunity Commission (EEOC) issued guidance on preventing harassment in the construction industry on June 18, 2024. The EEOC states in Promising Practices for Preventing Harassment in the Construction...more
The U.S. Supreme Court held that a group of doctors, nurses, and medical associations did not have the right under the U.S. Constitution, a doctrine known as “standing,” to challenge Food and Drug Administration (FDA)...more
An employee challenging a job transfer under Title VII of the Civil Rights Act must show the transfer brought about some harm with respect to an identifiable term or condition of employment, but that harm need not be...more
4/26/2024
/ Adverse Employment Action ,
Civil Rights Act ,
Employee Transfers ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Hiring & Firing ,
Lateral Transfers ,
Muldrow v City of St Louis ,
SCOTUS ,
Sex Discrimination ,
Title VII
The Illinois Department of Commerce and Economic Development (DCED) awarded more than $18 million in grant funding to 36 recipients through the Illinois Works Pre-Apprenticeship Program. Recipients include contractor groups...more
Plaintiffs need not allege discrimination with respect to an “ultimate employment decision” under Title VII of the Civil Rights Act to survive a motion to dismiss, the U.S. Court of Appeals for the Fifth Circuit held,...more
The U.S. Supreme Court held that the use of race in university and college admissions is unconstitutional. Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, No. 20-1199, together with Students...more
7/6/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Diversity ,
Fourteenth Amendment ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VII ,
Universities ,
Wage and Hour
In its report, “Building for the Future: Advancing Equal Opportunity in the Construction Industry,” the U.S. Equal Employment Opportunity Commission (EEOC) identifies the challenges to diversity and inclusion in the industry...more
Top leaders of the Occupational Safety and Health Administration (OSHA) have detailed new and upcoming enforcement efforts to protect “vulnerable workers” (i.e., immigrant, minority, female, and lower-paid) who may be more...more
Keeping Up With the Changing Law Restricting Employee Competition in the Construction Industry The legal landscape is rapidly changing with regards to restrictive covenants used by employers to protect against unfair...more
The “Diversity, Equity and Inclusion in Design and Construction” report from the U.S. General Services Administration (GSA) and Dodge Construction Network (DCN) highlights the benefits for construction employers that engage...more
Two oft-asked questions by companies seeking to enhance their diversity, equity, and inclusion (DEI) efforts and performance are: (1) Should we create employee resource groups (ERGs)? and (2) How do we make ERGs most...more
Awareness of the tangible business benefits of effective diversity, equity, and inclusion (DEI) practices is driving change in the construction industry. In the past, such efforts were seen as, at best, “the right thing to...more
On November 15, 2021, President Joe Biden signed the $1.2 trillion Infrastructure Investment and Jobs Act (IIJA) into law. According to the White House, the IIJA will play an important role in rebuilding and improving roads,...more
11/24/2021
/ Anti-Money Laundering ,
Climate Change ,
Construction Industry ,
Coronavirus/COVID-19 ,
Cryptocurrency ,
Cybersecurity ,
Davis-Bacon Act ,
Drinking Water ,
Employee Retention ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Environmental Remediation Costs ,
Infrastructure ,
Infrastructure Investment and Jobs Act (IIJA) ,
IRS ,
Joe Biden ,
Labor Shortage ,
Manufacturers ,
Popular ,
Roads ,
Technology Sector ,
Transportation Industry ,
Wage and Hour
In September 2021, Congress continues to debate a bipartisan infrastructure bill. The Biden Administration estimates that if its $1 trillion plan is enacted, the legislation will create up to two million new job per year for...more
In 2020 alone, there were nearly 20 highly publicized incidents of flagrant racism on construction jobsites throughout North America, ranging from workers of color finding nooses hung in the workplace to racist graffiti. Many...more
In the aftermath of the killing of George Floyd and the resulting Black Lives Matters protests, many companies, including construction companies, issued public statements decrying racism and asserting their support for...more
Private construction projects in New York will become subject to new prevailing wage requirements pursuant to legislation signed by Governor Andrew Cuomo on April 3, 2020. The provisions take effect in January...more
An effort by several Baltimore City Councilmembers to mandate project labor agreements (PLAs) for certain large city contracts has triggered strong opposition from the city’s contracting community.
Although there is often...more
Construction has long been a difficult industry for women, minorities, and LGBT workers as old ideas are slow to fade. The situation is starting to change. Both employers and labor unions increasingly recognize the value of...more
A new California law requires large insurers to report on the demographics of their governing boards and the amounts they spend with businesses owned by minorities, women, LGBT individuals, veterans, and disabled veterans....more
Shifting demographics threaten the ability of construction companies to staff projects. Many industry leaders identify worker shortages as a major problem and expect this issue to continue for the next several years. The...more
An effective supplier diversity program can provide multiple benefits for construction companies, including enhanced innovation, profitability, and the ability to attract and retain qualified minority and female employees....more
The leading organization for general contractors in the U.S. has announced a new effort to attract more women and minorities to construction.
The Associated General Contractors of America (AGC) said it will push to expand...more
The general counsel of a national construction company had told me that ongoing labor shortages are a major problem and he asked whether diversity and inclusion programs could help.
This general counsel is not alone in his...more