There is an Equal Employment Opportunity Commission (EEOC) court case moving through the legal system that potentially could have major impact on every building site, general contractor and subcontractor in the country. It concerns the “Joint Employer” concept and Discrimination under Title VII. It is a case that you should have your legal teams and insurers watch closely over the next few months until it is fully resolved.
The case has been filed, decided, reversed and appealed, so you know that it is definitely serious business – especially for the defendant, Skanska USA, and perhaps you as well. The case, filed by the EEOC in September of 2010, pertains to the construction of a hospital that Skanska USA built for Methodist Le Bonheur Healthcare in Memphis.
In the original suit, the EEOC argued that the general contractor (Skanska USA) allowed the plaintiffs (workers supplied by a small subcontractor, C-1), to be subjected to racial slurs and discrimination on the jobsite and that when the workers complained, Skanska took no action to rectify the conditions other than to retaliate and fire them. Read more » about EEOC v Skanska – “Joint Employer” Ruling a Game Changer