The U.S. Equal Employment Opportunity Commission (EEOC) recently issued a report on the state of discrimination and harassment in the construction industry. The report paints a stark picture of race- and gender-based discrimination and harassment on construction sites nationwide.

Drawing on evidence presented at a May 2022 hearing, academic research, expert testimony, worker reports, and other sources, the EEOC’s report laid out a number of significant findings. Women and people of color are significantly underrepresented in the construction industry, especially in high-paid, higher-skilled jobs. Women account for only 11 percent of workers in the construction industry, the majority of whom operate in office and clerical positions. Black and Asian workers represent only 7 percent and 2.1 percent of the construction workforce, respectively, despite accounting for 13 percent and 6.1 percent of the U.S. labor force overall. Black and Hispanic or Latino workers also account for a disproportionate share of the lowest-paid workers.

The EEOC pointed to evidence of discrimination and harassment as strong contributing factors to the disproportionate representation. Across the construction industry, workers experience sex, race, and national origin discrimination in “recruitment, apprenticeships, and hiring,” as well as “unequal treatment in the terms and conditions of employment—including training, hours, and work assignments.” Explicit discrimination renders it difficult for women and people of color to enter the industry and encourages those who give construction a shot to leave in light of hostile work environments and limited opportunities for advancement.

Harassment is also a major issue. According to the EEOC, close to a quarter of all female construction workers surveyed reported “near constant” sexual harassment, while one in five women of color reported “always” or “frequently” experiencing racial harassment. The EEOC has tackled a number of construction harassment cases in recent years involving racist graffiti, racial slurs, threats of violence, and actual physical assault. The EEOC has “received at least 64 charges involving nooses in the construction industry between fiscal years 2015 and 2022.”

Lack of adequate training and the looming threat of retaliation contribute to the construction industry’s problems. Workers are often left untrained and unaware of anti-discrimination policies. Even if they are aware of certain rights, the nature of the industry makes the situation more complex; workers are often beholden to multiple employers (contractors, subcontractors, clients, etc.) on a given worksite, and there are a multitude of local, state, and federal agencies to choose from when deciding whether and how to lodge a complaint.

Moreover, workers who do complain are often met with retaliation. Construction is a dangerous job and workers rely on one another as a team; if there’s a perceived lack of trust (for example, if an employer puts the scarlet letter on a particular worker), suddenly that employee and the entire site are that much more hazardous.

The EEOC identified several next steps for itself and the industry at large to address the problems in construction. The EEOC intends to work harder to educate workers nationwide about discrimination, harassment, and their rights, including by meeting with labor unions, civil rights organizations, and other industry groups. They encourage employers to adopt non-discrimination and anti-harassment policies and training to reduce the incidence of unlawful conduct. Employers should take heed of the EEOC’s newfound focus on the construction industry to avoid legal troubles.