Dive Brief:
- A construction staffing company didn’t hire women, Black workers and individuals over age 40 at the request of its clients, the Equal Employment Opportunity Commission alleged in a lawsuit filed in federal court Sept. 28.
- After learning about the practice from other employees, a recruiter working for TKO Construction Services, based in Coon Rapids, Minnesota, met with the firm’s president, who confirmed the company didn’t hire the specified groups based on client preferences. After receiving the information, the recruiter resigned, according to the suit.
- The complaint also alleges the company referred employees based on sex and race, resulting in women and Black workers receiving fewer hours and lower pay on jobs. “Employers who believe they can ‘contract out’ their discrimination are mistaken,” said EEOC’s Acting Chicago District Director Diane Smason in a news release about the lawsuit.
Dive Insight:
TKO Construction Services, a construction staffing company which provides temporary employees for commercial, residential, heavy industrial and energy construction companies nationwide, did not immediately respond to Construction Dive’s request for comment.
But on its website, it emphasizes that it is an equal opportunity employer and claims that it considers applicants without regard to race, sex or age, as well as other classifications prescribed by law.
Earlier this year, the EEOC issued a report that found persistent discrimination, harassment in the construction industry and the egregious nature of many complaints made the sector one of particular concern. It also concluded that attitudes within the industry create barriers to underrepresented groups at a time when the $1.2 trillion Infrastructure Investment and Jobs Act is spurring new hiring opportunities.
Last week, the industry held its third annual Construction Inclusion Week, an initiative started in the wake of George Floyd’s 2020 murder and nooses appearing on project jobsites nationwide. Indeed, nooses are displayed so frequently at construction worksites that EEOC has a data category that tracks complaints about them.
The suit, filed in U.S. District Court for the District of Minnesota, seeks compensatory and damages for the classes of employees who were allegedly discriminated against. It also seeks back pay for the recruiter who quit in order not to engage in the allegedly discriminatory practices.
