Wendy Testa (Partner-Philadelphia) is co-author of
"Cleaning Up the Construction Site: Risk Management Lessons
from the #METOO Movement," which appeared in the Summer 2019
edition of Construction Claims, a publication of CLM. Upon
review of the studies done on harassment in the construction
industry, a few surprises were revealed. "First, victims of
bad conduct that rises to the legal definition of harassment are
not limited to women in the construction workplace; in fact, there
are many incidents of harassment arising from a lack of tolerance
for diversity generally. Second, bad conduct identified as sexual
harassment is no more prevalent in the construction industry than
in other industries, even though the industry may be predisposed to
it. Third, construction industry employers are stepping up to
address concerns about how employees conduct themselves in the
workplace, whether on a job site or in an office setting." The
construction industry, although it has much
