Preventing Discrimination and Harassment Among Contractors

Labor Code Division 1, Chapter 4.3 is entitled “Discrimination and Harassment Prevention in the Construction Industry.” Chapter 4.3 was added in 2019 by Chapter 722. Labor Code Section 107.5 requires the Division of Labor Standards Enforcement (DLSE) to develop recommendations for an industry-specific harassment and discrimination prevention policy and training standard for use by employers in the construction industry.

Section 107.5 defines “in the construction industry” to mean performing work associated with construction, including work involving alteration, demolition, building, excavation, renovation, remodeling, maintenance, improvement, repair work, and other work described in specified sections of the Business and Professions Code. The training standard must focus on preventing harassment and discrimination in the construction industry on the basis of sex, race, and national origin, as well as other protected classification under the Fair Employment and Housing Act (FEHA).

The Director of Industrial Relations is required to convene an advisory committee to recommend minimum standards for a harassment and discrimination prevention policy and training program specific to the construction industry. The advisory committee is composed of representatives from recognized or certified collective bargaining agents that represent construction workers, construction industry employers or employer associations, labor-management groups in the construction industry, nonprofit organizations that represent women in the construction industry, and other related subject matter experts.

The DLSE was required to provide a report to the Legislature with recommendations for an industry-specific harassment and discrimination prevention policy and training standard for use by employers in the construction industry and recommendations for legislation that would need to be enacted to implement the standard.