The company eventually settled the case, distributing $1.5 million to about 20 employees. The EEOC warned that, “Even though a construction site may be viewed by some as a ‘rough and tumble’ workplace, discrimination is unlawful regardless of the job site. It doesn’t matter whether employees work behind a computer or behind a forklift.”

Ouch! In addition to writing the big check, the company must conduct anti-discrimination training, change its policies and procedures, post notices about the settlement at construction sites and be monitored by the EEOC for two years.

Double ouch! The EEOC also created a press release about the settlement and posted it on its Web site for all to see. What once was local news for newspaper readers is now available for the world to read in real time, all the time. Search engines will now always post the EEOC story when someone does a search on the company. That’s not the kind of press release any company can afford to have out there, even if they can afford to pay a settlement and the cost of defense.

Employers must be particularly aware of racial discrimination, the number one type of job-bias complaint in America. The EEOC has raised public awareness of race bias recently through its E-Race initiative.

3 Lessons Learned … Without Having to Go to Court

1. There are NO industry exceptions. I hear this misconception in my training all the time. But the EEOC clarified it for those who still don’t get it in 2008: There are no industry exceptions to harassment and discrimination laws. If that’s the best legal defense your attorney can use in court, you’re in trouble.

2. Train now, or be forced to train. Employers must train their managers and supervisors about their legal obligations. If you don’t do it proactively, you’ll be forced to do it with a lot of worldwide negative publicity. Don’t forget to train all employees on your policy. Everyone should know what conduct is acceptable and what is prohibited—plus the consequences for violating the policy.

3. Tie your policies to performance. Managers and supervisors who do not stop the conduct and immediately report it should suffer employment consequences themselves. They must also monitor the workplace for graffiti, e-mails, cartoons etc. and immediately remove such items as soon as they see them. Next week is too late—the EEOC may have the case on its desk by then.