Wendy Testa (Partner-Philadelphia) is co-author of "Cleaning Up the Construction Site: Risk Management Lessons from the #METOO Movement," which appeared in the Summer 2019 edition of Construction Claims, a publication of CLM. Upon review of the studies done on harassment in the construction industry, a few surprises were revealed. "First, victims of bad conduct that rises to the legal definition of harassment are not limited to women in the construction workplace; in fact, there are many incidents of harassment arising from a lack of tolerance for diversity generally. Second, bad conduct identified as sexual harassment is no more prevalent in the construction industry than in other industries, even though the industry may be predisposed to it. Third, construction industry employers are stepping up to address concerns about how employees conduct themselves in the workplace, whether on a job site or in an office setting." The construction industry, although it has much fewer women employees in its ranks, has been progressive in recognizing and dealing with harassment and diversity issues well before the #METOO movement. The same risk management principles apply as in any other industry, but most significantly companies need to address bad actors and require the same policies and training for all employees from high-level management to those workers in the field. Companies that are most successful in maintaining respectful workplaces, even if that is a construction site, are proactive in doing so.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.