NILG Overview Series: Focus on Dismantling Hiring Barriers in Infrastructure

During the recent NILG conference, officials from OFCCP and EEOC laid out several major priorities for the coming months. Presenters spoke about commitment to the Bipartisan Infrastructure Law (BIL) which focuses primarily on construction contractors and mega construction projects and the effort to find and build opportunities for well-paying jobs, particularly for unskilled workers who can gradually advance within the organization. This is viewed as a means for spurring economic development and ensuring vulnerable communities have access to desirable jobs.

The agency has launched the Mega Construction Project (Megaproject) Program to achieve these goals, aiming to increase representation of underrepresented groups in the construction trades through President Biden’s Infrastructure Investment and Jobs Act (IIJA). The OFCCP continues working with federal contractors in the pre- and post-bid stages to offer compliance assistance to project owners. 

In 2022, the EEOC held a hearing which examined the “severe and pervasive discrimination in the construction sector, especially against women and people of color.” The diverse panel included academics, union representatives, trade association members, construction workers and others; with all acknowledging that there is an issue of discrimination in construction. According to EEOC Charlotte Burrows, “unfortunately, many women and people of color have either been shut out of construction jobs or face discrimination that limits their ability to thrive in these careers.” 

Another focus for OFCCP is American manufacturing and the concern over the appearance that taxpayer funds are not being used to support discrimination in the workplace. The OFCCP is working to ensure that any manufacturers receiving federal dollars are not using discriminatory hiring and employment practices.

Federal contractors and subcontractors in the construction industry may want to consider how OFCCP’s involvement could affect their operations and how to best leverage the agency’s assistance and focus. For HR professionals, even those not in construction, this translates to carefully monitoring outreach, hire, and promotion practices to ensure that proper records are kept and selection processes do not constitute barriers to access in the workplace.

All federal contractors of any size may want to review how they are meeting nondiscrimination and affirmative action obligations and consult OutSolve’s resources and contact consultants for more information or to address specific questions.