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Some questions to consider:

General Contractors:

• Are you in compliance with the laws in the state(s) you conduct your business in? What do those laws require of you as the General Contractor on the project?

• What if the harasser works for one of your Subcontractors and the victim works for another? Will the victim list you, the GC, in the lawsuit for not providing a harassment free jobsite?

• What if the employer (your Subcontractor) of the victim, having been sued by their employee, decides to sue you for not providing a harassment free jobsite?

• Can you include a clause in the contract requiring your Subcontractor(s) to institute a sexual harassment prevention training policy/program acceptable to your standards?

• Can you require your Subcontractor(s) and his/her employees to participate in your sexual harassment prevention training program?

Subcontractors:

• Are you compliant with the laws in the state(s) you conduct your business in?

• What happens if another Subcontractor’s employee harasses your employee? Do you have any type of policy in place to address this issue?

• Does your General Contractor have any type of program or policy in place to address sexual harassment on the jobsite?

• Do you have any recourse against the General Contractor if he/she does not curtail sexual harassment on the job?

• Can the GC include a clause in your contract requiring you to institute a sexual harassment prevention training policy/program acceptable to the GC’s standards?

• Can the GC require that your employees participate in the GC's sexual harassment training and prevention program? Would you be able to recoup from the GC the cost of paying the employee’s wages during these training hours?

What's a Construction Business Owner to do:

• Get answers to any questions you may have, such as those listed in this article

• Start checking out sexual harassment training and prevention solution providers and programs

Ensure that whatever provider/program you go with has the following, at minimum:

• Information and practical guidance regarding the federal and state statutory provisions, concerning the prohibition against and the prevention and correction of sexual harassment and the remedies available to victims of sexual harassment in employment

• Practical examples aimed at instructing supervisors in the prevention of harassment, discrimination, and retaliation

• Trainers or educators with knowledge and expertise in the prevention of harassment, discrimination, and retaliation

Sexual harassment in the workplace is a cold, hard reality. Take steps to stamp it out at your company and be diligent about it. The life of your business depends on it.

Disclaimer: This article is not intended to be legal advice. Please contact your attorney for specific legal advice.

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