Construction Companies Planning to Include Anti-Bias Clauses in Their Contracts

Construction companies are drawing public attention after accounts of racist and sexist incidents continue to come to light. As a result, contractors are starting to take action and are now drafting and implementing policies to respond to and stop these events. Included in these policies are site-wide reviews of the incident, counseling for employees who need support, and ways to preserve evidence on a jobsite until officials or law enforcement can investigate. Contracts with subcontractors are undergoing changes as well, including adding anti-bias clauses and establishing a zero-tolerance policy toward jobsite harassment and hate.

Barry LePatner, a construction lawyer and founder of New York City-based LePatner & Associates, says these kinds of clauses are becoming more common in contracts, and have already been incorporated by default in owner contracts via federal, state and local anti-harassment laws on protected classes.

LePatner says the trend is being driven by the larger pivot by corporations in general toward inclusivity and equity in the workplace, and that not policing against biased behavior is quickly becoming analogous with actively signaling an approval of it.

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