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Gold price clings to gains near $3,370.00, driven by dovish remarks from Fed Chair Powell. Fed’s Powell warns of labor market risks at Jackson Hole Symposium. Gold price remained sticky to the 20-day EMA. Gold price (XAU/USD) holds onto gains near Friday’s high around $3,370.00 during the European trading session on Monday. The precious metal trades firmly as Federal Reserve (Fed) Chair Jerome Powell has signaled that he is open to unwinding monetary policy restrictiveness in his speech at the Jackson Hole (JH) Symposium on Friday. The adaptation of a dovish stance by Fed Chair Powell on the interest rate outlook surprised global markets as experts anticipated him to reiterate a “wait and see” approach on interest rates. “Nonetheless, with policy in restrictive territory, the baseline outlook and the shifting balance of risks may warrant adjusting our policy stance,” Powell said. He further added that the Fed could start reducing interest rates quickly if downside labor market risks start materializing. Jerome Powell didn’t explicitly call for interest rate cuts in the September meeting, but traders are confident that the Fed will reduce interest rates in the policy meeting next month, according to the CME FedWatch tool. Lower interest rates by the Fed bode well for non-yielding assets, such as Gold. Fed Powell’s surprisingly dovish remarks have dampened yields on interest-bearing assets. 10-year US Treasury yields trade near Friday’s low around 4.27%. Meanwhile, the US Dollar Index (DXY), which tracks the Greenback’s value against six major currencies, rises to near 98.00. Still, the DXY is close to its almost four-week low, which is around 97.70. Gold technical analysis Gold price trades in a Symmetrical Triangle, which indicates a sharp volatility contraction. The upper border of the above-mentioned chart pattern is plotted from the April 22 high around $3,500, while the downward border is placed from the May 15 low near $3,180.86. The yellow metal wobbles near the 20-day Exponential Moving Average (EMA) around $3,350.00, indicating a sideways trend. The 14-day Relative Strength Index (RSI) oscillates inside the 40.00-60.00 range, suggesting indecisiveness among market participants. Looking down, the Gold price would fall towards the round-level support of $3,200 and the May 15 low at $3,121, if it breaks below the May 29 low of $3,245. Alternatively, the Gold price will enter an uncharted territory if it breaks above the psychological level of $3,500 decisively. Potential resistances would be $3,550 and $3,600. Gold daily chart Gold FAQs Gold has played a key role in human’s history as it has been widely used as a store of value and medium of exchange. Currently, apart from its shine and usage for jewelry, the precious metal is widely seen as a safe-haven asset, meaning that it is considered a good investment during turbulent times. Gold is also widely seen as a hedge against inflation and against depreciating currencies as it doesn’t rely on any specific issuer or government. Central banks are the biggest Gold holders. In their aim to support their currencies in turbulent times, central banks tend to diversify their reserves and buy Gold to improve the perceived strength of the economy and the currency. High Gold reserves can be a source of trust for a country’s solvency. Central banks added 1,136 tonnes of Gold worth around $70 billion to their reserves in 2022, according to data from the World Gold Council. This is the highest yearly purchase since records began. Central banks from emerging economies such as China, India and Turkey are quickly increasing their Gold reserves. Gold has an inverse correlation with the US Dollar and US Treasuries, which are both major reserve and safe-haven assets. When the Dollar depreciates, Gold tends to rise, enabling investors and central banks to diversify their assets in turbulent times. Gold is also inversely correlated with risk assets. A rally in the stock market tends to weaken Gold price, while sell-offs in riskier markets tend to favor the precious metal. The price can move due to a wide range of factors. Geopolitical instability or fears of a deep recession can quickly make Gold price escalate due to its safe-haven status. As a yield-less asset, Gold tends to rise with lower interest rates, while higher cost of money usually weighs down on the yellow metal. Still, most moves depend on how the US Dollar (USD) behaves as the asset is priced in dollars (XAU/USD). A strong Dollar tends to keep the price of Gold controlled, whereas a weaker Dollar is likely to push Gold prices up. 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Bam Nuttall received more money from Network Rail in 2024/25 than any other construction company, a new report from the client reveals. The contractor, which was paid £383m in the period, was the third highest supplier of any type to the rail body, behind EDF Energy and Siemens Mobility. Its work included, via the TRUWest Alliance, delivery of a phase of the TRUWest project covering a range of upgrades between Huddersfield and Leeds in West Yorkshire. Seventh-placed Amey is also part of the alliance, alongside Arup and Network Rail itself. Bam beat Colas Rail, which was paid £331m in the year and moved up one place from the prior financial year ahead of Murphy, which received £311m (see box below for full list). The information was published in the client’s annual supplier spend report, which sought to address concerns about the pace of its spending at the start of its latest five-year spending period (CP7) which began in 2024/25. In January, engineering services giant Renew blamed rail project delays for lower-than-expected profit levels, while tools and equipment firm Speedy Hire said in a trading statement in February that a “delay in CP7 rail works” had impacted its business. Also in February, Russell Simpson, director at signalling company DigiSig Rail, decried delays in “much-needed CP7 spending”. In the new report, Network Rail said it understood “the perception” that spending was slower than suppliers expected but said “it’s worth noting that at a macro level, activities to date are broadly aligned with our expectations for the early stages of the control period”. It admitted that overall spend with the supply chain in 2024/25 decreased by around 3 per cent, or £282m, compared to the CP6 average, but said it was in line with the first year of CP6 in real terms. The body said it had shifted the structure of its delivery model meaning it had fewer direct delivery partners and so had a lower direct spend with SMEs. The report also noted that inflation hitting during the end of the CP6 period had reduced capacity of CP7 by £1.6bn. In April, Network Rail chief executive Sir Andrew Haines said he expected the second year of the body’s £45bn five-year funding cycle would go “more smoothly”. Civil Engineering Contractors Association Midlands director Lorraine Gregory said: “This report shows the scale of opportunity available across the supply chain, but also the challenges facing businesses, as high inflation and reprofiled workbanks place pressure on margins and visibility.” She added: “With significant opportunities ahead, it is vital that industry and clients work together to deliver the railway Britain needs, and to combat the adverse business conditions that contractors face when delivering for rail users and communities across the country.” Position Construction supplier Spend (£m) 2024/25 Spend (£m) 2023/24 1 Bam Nuttall £383 £360 2 Colas Rail £331 £326 3 J Murphy & Son £311 £336 4 Volkerwessels UK £308 £263 5 Balfour Beatty £303 £303 6 Amalgamated Construction £260 £278 7 Amey £231 £265 8 Octavius Infrastructure £160 £162 9 Story Contracting £157 £171 10 AtkinsRéalis £155 £186 11 QTS Rail £151 £113 12 SPL Powerlines £138 £160 13 Kier £101 £61 Read More

If there was a silver lining from COVID, it was the renewed vigor for the trades. College enrollment experienced a significant decline during the pandemic, and it still lags behind pre-pandemic numbers. At the same time, tradespeople were deemed essential workers, and hailed as superheroes, one could say. But it was also during this time that a growing group of young men and women eager to get into the trades were hired solely on their willingness to work, their drive and their grit, instead of merit and education alone. That’s not to say that education and training weren’t paramount ingredients to make up the quest to become the complete tradesperson, but it was a “hire them first and then mold and educate them later” attitude that helped to make the trades more attractive again. As of this writing, the construction industry is still facing a shortage of an estimated half a million workers. Associated Builders and Contractors (ABC), a national construction industry trade association which helps its members develop people, win work and deliver that work safely, ethically and profitably, has said that the industry will need to bring in nearly 454,000 new workers on top of normal hiring to meet industry demand this year—and that’s presuming that construction spending growth slows significantly in 2025. “There are structural factors, including outsized retirement levels, megaprojects in several private and public construction segments and cultural factors that encourage too few young people to enter the skilled construction trades. There are also structural factors, including those related to interest rates, consumer sentiment and general economic performance,” says Anirban Basu, ABC Chief Economist. “To address this shortage and grow the construction talent pool, ABC has a network of more than 800 apprenticeship, craft, health and safety and management education programs,” says Mike Bellaman, ABC president and CEO, “including more than 450 government-registered apprenticeship programs across 20 different occupations.” And, what about the employees who were “brought in now to be trained later”? Well, there’s always concurrent trade school education, on-the-job training and continued education whether through industry associations or manufacturing training. CONTRACTOR takes a look at just some of the industry’s continued efforts at continued education. Caleffi – Get on Board or Get Left Behind! The plumbing and heating industry, with the lack of skilled labor and increasing energy efficiency requirements, is changing at an incredible rate. “Who, then, doesn’t want to learn how to do the job faster, provide a better service or product for your customer, and make more money?” asks Cody Mack, National Training Manager, Caleffi. Caleffi Mack stresses the importance of getting the audience talking and laughing. Mack says that training is definitely a top priority at Caleffi, and the company puts a lot of time and effort into it. Not only does Caleffi have dedicated trainers, like Mack, but its marketing, sales, and tech support teams also devote much of their time and resources to training as well. Caleffi knows that the key to its success is to make sure that its customers know how the products work, and be confident using them in their applications. “In the end, I can’t quantify it, but I do know that those attending are investing far more and I don’t take that lightly. A contractor sending a handful of techs to a half-day training? That’s a lot of hours that can’t be billed, but we’re aiming to make sure that it’s still time well spent,” says Mack. Caleffi In person at the Caleffi training center. A multi-faceted training approach works best. Online training allows Caleffi to be flexible, as the training team can provide a quick response to meet timelines for a project, or in the case of the popular Coffee with Caleffi YouTube series—the educational program that has allowed Caleffi to reach thousands of viewers live and through recordings—the team can accommodate viewers from across multiple time zones all at once. “I’ve done online training in the wee hours of the morning for those to the east, while I’ve also done training for engineers and techs in Hawaii and even Guam,” says Mack. Caleffi Caleffi’s on-the-road training offers a convenient way for customers to learn in their region or even in their office or shop. Caleffi’s on-the-road training offers a convenient way for customers to learn in their region or even in their office or shop. “We bring products, literature, and the usual box of pastries while they bring an open mind,” says Mack. In-house training at the North American headquarters in Milwaukee is a great way to train, “but also show Caleffi customers what we’re all about. Besides, who doesn’t love a field trip?” asks Mack. But Mack prefers the face-to-face interaction the best. “With all of that said, I will always be more partial to in-person opportunities for training. One of my favorite things is seeing that aha moment in person, when everything just clicks,” says Mack. Ultimately, Mack stresses the importance of getting the audience talking and laughing. “You can’t just read from slides; you need to ask them questions and you have to be relatable,” says Mack. “It’s my goal to make sure everyone leaves learning something new, something they can apply to make their jobs easier, systems better and customers happier. I also want them to know that we’re in their corner and ready to help,” says Mack. EGIA – Down to Business Many contractors, for all their technical expertise, still need help with the business side of their business. Luckily, there’s an organization that specializes in exactly that. The Electric & Gas Industries Association (EGIA) is a nonprofit dedicated to helping contractors grow their businesses with industry-leading business training, financing and marketplace solutions, while aiming to strengthen the home services industry. EGIA’s OPTIMUS Financing platform helps contractors close more deals with flexible payment solutions. The EGIA Foundation supports the future of the trades through scholarships and workforce development programs. The recently-launched HVAC Distributor University provides the training and suppport distributors and their TMs need to develop their dealers into more

AUSTIN, YC — Powerhouse Consulting Group, a premier consulting firm for field service management (FSM) software implementation, and Scorpion, a leading provider of digital marketing and technology solutions for home services businesses, have announced a partnership designed to help contractors maximize returns from their technology and marketing investments. Powerhouse is known for helping contractors implement and optimize FSM platforms like ServiceTitan to improve efficiency, streamline operations, and increase profitability. Scorpion is ServiceTitan’s only preferred digital marketing partner, with solutions designed to keep schedules full, drive revenue, and lower customer acquisition costs, turning marketing into a reliable driver of growth. With AI-powered tools for SEO, ads, websites and revenue attribution, businesses get a clear view of what’s working. Measurable Results “Technology and marketing must work hand in hand for contractors to see true return on investment,” said Jenny Benbrook, Co-Founder and CEO of Powerhouse Consulting Group. “By aligning Scorpion’s proven marketing expertise with our deep understanding of FSM software, we can help contractors create campaigns that deliver measurable results and sustained growth.” Kirby Oscar, Senior Vice President of Partnerships at Scorpion, added, “Our mission is to help local business owners succeed, and this partnership strengthens that commitment. With Powerhouse ensuring the operational foundation is solid and our team driving the results that matter through marketing, contractors can expect higher conversion rates, more revenue, and a clear understanding of their return on investment.” More information about Powerhouse Consulting Group is available at mypowerhouse.group. Read More

LA GRANGE, IL — Investments in pre-apprenticeship programs have helped women and people of color become the two fastest growing demographic segments within Illinois’ construction workforce, according to new research by the nonpartisan Illinois Economic Policy Institute (ILEPI) and the Project for Middle Class Renewal (PMCR) at the University of Illinois at Urbana-Champaign.  Read the Report: The Impact of Pre-Apprenticeship Programs in Illinois: Evidence from the Highway Construction Careers Training Program and the Illinois Works Pre-Apprenticeship Program Since 2017. Foundational Skills As 8-to-14-week programs, pre-apprenticeships (or apprenticeship readiness programs) offer individuals the chance to learn foundational construction skills needed to earn placement into longer term construction apprenticeship programs.    These tuition-free programs—often funded via government grants to community colleges or non-profit organizations—offer industry-focused training, hands-on learning, and classroom instruction that introduces participants to career opportunities in the skilled trades. Programs also often provide access to wraparound services to address barriers to entering the construction workforce, such as childcare, transportation, and stipends. For this analysis, ILEPI and PMCR researchers examined publicly available data on investments and program outcomes in the two largest programs in Illinois—the Highway Construction Careers Training Program (HCCTP) and the Illinois Works Pre-Apprenticeship Program (IL Works). Win-Win-Win “The construction industry has struggled to attract sufficient numbers of new workers, leading many industry leaders to explore new partnerships and new ways to expand potential labor supply pools into historically underrepresented groups,” said ILEPI Economist and report coauthor Frank Manzo IV. “The surge in women and people of color entering the industry through these initiatives, graduating, and moving on to becoming apprentices makes it clear that these intentional public investments have been a win-win-win for workers, for in-demand industries, and for communities.” Collectively, HCCTP and IL Works enrolled more than 5,800 pre-apprentice participants from 2017 through 2024, with black and female enrollees disproportionately exceeding their share of construction apprentices statewide. Buoyed by this enrollment, the number of black apprentices has surged by 95%, and the number of female apprentices have surged by 202% since 2017—making both groups the fastest growing share of the state’s recent construction apprentices.  “As America invests in new infrastructure, energy systems, and advanced manufacturing, the ability to more readily access new pockets of workforce candidates has never been more critical,” said University of Illinois Professor, PMCR Director, and report coauthor Dr. Robert Bruno. “It is equally important for policymakers to understand how program investments are delivering returns both for workers and for critical industries as a whole.” 900% ROI ILEPI and PMCR researchers were able to quantify that the $66 million invested in HCCTP and IL Works pre-apprenticeships dating back to 2017 ultimately translated into an investment of just over $12,000 per program participant, $18,000 per program graduate, and $35,000 per placed apprentice. In terms of earnings paid to pre-apprentices who go on to careers in the skilled trades, pre-apprenticeship programs deliver a cumulative 900% return on grant investment over ten years. “The substantial return on investment we saw in the data was also supported by testimonials from participants who succeeded in completing their programs and becoming registered apprentices,” Bruno added. “These first-hand accounts revealed that pre-apprenticeship programs led to upward economic mobility, often from low-paying jobs, and that the wraparound services performed by pre-apprentice provider organizations can be determinative in getting these participants through their programs and connected to family-sustaining careers.” ILEPI and PMCR researchers note that additional pre-apprenticeship program hubs have been created as part of Illinois’ Climate and Equitable Jobs Act (CEJA), which received nearly $40 million in grant funding to support the creation of regional pre-apprenticeships and workforce hubs in the clean energy sector in 2024 alone. Based on the success of the HCCTP and IL Works programs, they forecast that clean energy programs could create as many as 3,200 pre-apprenticeships and another 1,200 apprentice placements each year once fully operational. “It is clear that pre-apprenticeships are transforming lives and creating a more stable skilled labor pipeline for the construction industry,” Manzo concluded. “This first-of-its-kind study shows that these programs are working as intended, but it is also true that more can and should be done to expand their utilization and impact.” Policy Options To that end, report authors offered a range of policy options. These include using multi-year state grants to increase program funding, boosting incentives for employers to hire graduates, creating more tools to help providers connect graduates with contractors, raising stipends above the state’s minimum wage rate, and delivering more wraparound services like mentoring initiatives and childcare services to help expand program reach into underserved communities and attach more workers to in-demand careers.   Read More

Old, compressed boiler gaskets can’t seal properly. Discover the importance of replacing rope gaskets after inspections, how to check for proper compression, and why a tight seal protects your boiler’s efficiency and lifespan. Safety notice: Always consult experts for complex repairs. Weekly Boiler Tips are compiled by the knowledgeable and remarkably prolific content creators at WARE, a family owned, third-generation, 69-year-old commercial and industrial boiler rental and service firm based in Louisville KY. You can learn all about this and more at WARE’s Boiler University. Read More

In 1991, the US Environmental Protection Agency (EPA) published the Lead and Copper Rule (LCR), a regulation to control lead and copper in drinking water. Since then, the LCR has undergone various revisions, the most recent of which is the Lead and Copper Rule Improvements (LCRI), finalized in October 2024. It establishes a 10-year deadline for municipalities to identify and replace their lead drinking water pipe. Lead sampling and remediation procedures to further limit lead exposure will also be changed. The LCRI also requires communities to improve communication so residents are better informed about lead risk in drinking water, lead pipe location and replacement plans.   “There was significant uncertainty at the beginning of the [second] Trump administration regarding the position of the incoming EPA leadership on water quality regulations,” Kenney notes. The LCRI and the establishment of a National Primary Drinking Water Regulation (NPDWR)—a set of legally enforceable standards and treatment techniques—for several PFAS chemicals were challenged in court by water utility organizations. “The incoming EPA Administrator Lee Zeldin and his team were then tasked with determining whether and how to defend the rulemakings in court or, conversely, how to rewrite or replace the rules with new versions,” she explains. The American Water Works Association (AWWA), on behalf of its members, filed a petition for judicial review of the LCRI. “We are proud of and encouraged by the tremendous progress water utilities are making to identify lead service lines, share that information with households, and overcome the legal and financial barriers to replacement,” says AWWA CEO David LaFrance. “However, the implementation of the LCRI, in its current form, is not feasible.” AWWA’s concerns center around the control and access of water pipe on private property, the cost to households in increased water bills, and the feasibility of communities to finance such infrastructure improvements, as well as logistical and personnel challenges. Zeldin, a former US congressman from New York, was a “vocal supporter of addressing PFAS contamination during his time in Congress, and members of his core team have been at the forefront of policy efforts to improve water quality protections,” Kenney adds. “Therefore, despite the broader mission of the Trump administration to cut regulations viewed as unnecessary or burdensome, a complete overhaul of these water quality regulations was not a strong likelihood.” The Trump administration announced it will defend the LCRI in court and that the EPA would develop “new tools and information” to support implementation efforts. Specific details have not yet been released. In July 2025, Congress reintroduced the Healthy H2O Bill (S. 2436/H.R. 4721), a key piece of bipartisan legislation supported by WQA. It establishes a grant program through the US Department of Agriculture to assist rural communities with testing and treatment for drinking water. ‘Forever Chemicals’ Need to Go Another contaminant has made its way into our drinking water: per and polyfluoroalkyl substances (PFAS). These synthetic “forever chemicals” are used in many industrial and consumer product applications, including nonstick cookware and firefighting foams. “The presence of PFAS compounds in source water and drinking water is of increasing public concern due to their widespread use and environmental persistence,” AWWA notes.  PFAS break down very slowly and can build up in people, animals and the environment over time, the EPA explains. Peer-reviewed scientific studies have shown that exposure to certain levels of PFAS may lead to decreased fertility, developmental effects or delays in children, increased risk of some cancers, the immune system’s reduced ability to fight infection, interference with the body’s natural hormones, and increased cholesterol levels or risk of obesity. The NPDWR (see above) was established to address this issue. WQA’s Kenney explains: “The initial spring 2024 rulemaking established the NPDWR, including a maximum contaminant level of four parts per trillion, for six PFAS contaminants. For two of these contaminants—perfluorooctanoic acid and perfluorooctane sulfonic acid—the core components of the regulation will be maintained, while a new rulemaking will be developed to provide two additional years for utilities to comply with the regulations and to establish a federal exemption framework.” AWWA and the Association of Metropolitan Water Agencies filed a petition for judicial review in June 2025 of the EPA’s Final PFAS Drinking Water Rule. Their concern stems from the belief that the “EPA did not rely on the best available science and the most recent occurrence data and used novel approaches as the basis for portions of the rule. The petitioners believe the rule underestimates nationwide costs and adds to affordability challenges without achieving the public health outcomes we all seek.” The EPA has stated its intent to withdraw and reconsider regulations for the remaining four contaminants covered in the NPDWR: PFHxS, PFNA, HFPO-DA (Hexafluoropropylene Oxide Dimer Acid, one of the so-called “GenX” chemicals) and the Hazard Index mixture. Read More

An article from Project Wins The project forms part of the broader $6.99 billion subway expansion in the East Harlem neighborhood. Published Aug. 25, 2025 Rendering of the planned 125th Street Station entrance, looking toward the south, in New York City, N.Y. Courtesy of Metropolitan Transportation Authority This audio is auto-generated. Please let us know if you have feedback. Award: Tunneling work Value: $1.97 billion Location: East Harlem, New York Client: Metropolitan Transportation Authority Plans to bring subway service to East Harlem are getting back on track, according to an Aug. 18 news release from New York Gov. Kathy Hochul’s office. The Metropolitan Transportation Authority selected Connect Plus Partners, a joint venture of Nanuet, New York-based Halmar International and Madrid, Spain-based FCC Construction, to move forward with the largest tunneling contract in agency history, according to the release. The $1.97 billion award covers excavation of the new tunnel between 116th and 125th streets, as well as space for the future 125th Street Station. Crews will also retrofit a tunnel segment built in the 1970s to house the future 116th Street Station. The move will save the MTA about $500 million, according to the release. Tunnel boring will occur 35 to 120 feet below Second Avenue, using 750-ton machines equipped with 22-foot diamond-studded drill heads. Connect Plus Partners expects to begin early preparation work later this year, followed by heavy civil construction in 2026 and tunnel boring in 2027. The award is the second of four major contracts for Phase 2 of the Second Avenue Subway expansion, which will extend the Q line north. The expansion will serve an additional 110,000 daily riders and shorten East Harlem commutes by up to 20 minutes, according to the release. The JV team expects to complete the project in September 2032. Phase 2 has a total budget of $6.99 billion, partially funded through New York’s congestion relief zone tolling program. In January, the MTA awarded the first Phase 2 contract, a $186.6 million deal with an AECOM and HNTB joint venture. Scope of work on that contract included relocation of utilities and oversight of early construction. Two additional contracts remain in procurement and design, including station buildout at 106th Street and system fit-out work for three more stations, according to the release. Read More

An article from Dive Brief Two construction workers filed suit against Skanska and Rising Sun Construction, alleging they failed to abate the deadly bacteria on jobsites in Harlem. Published Aug. 25, 2025 Harlem, N.Y. peeterv via Getty Images This audio is auto-generated. Please let us know if you have feedback. Dive Brief: Two construction workers have filed lawsuits against two contractors, alleging the firms overlooked health hazards that contributed to an outbreak of Legionnaires’ disease in New York City, NBC News reported. Nunzio Quinto claimed he was exposed to the bacteria while working at the New York City Public Health Laboratory Building in Harlem. He filed suit against Skanska USA Building. Duane Headley filed a complaint against Rising Sun Construction, saying he was infected at a different Harlem jobsite on another public health lab project. To date, six people have died in the Legionnaires’ outbreak that started from water collected in cooling towers at Harlem Hospital, and cases have risen to 111, ABC7 reported. Dive Insight: The plaintiffs’ attorney, Ben Crump, appeared alongside the construction workers to announce the case on Aug. 20. “This medical tragedy that led to the deaths of five citizens from Harlem, that we know about, was a completely preventable outbreak,” Crump said. The workers claim that the construction firms failed to adequately test water in cooling towers after several days of rain had pooled on the roof, which was then followed by intense heat that allowed the Legionnaires’ bacteria to flourish, ABC7 reported. Skanska does not comment on pending litigation, it said in a statement shared with Construction Dive, but said it is cooperating with the New York City Department of Health and Mental Hygiene to inspect and disinfect the cooling tower on the health lab project.  “We will continue to implement all necessary mitigation and communication procedures to ensure the safety of our workers and the surrounding public,” Skanska’s statement read. South River, New Jersey-based Rising Sun Construction is a general contractor with multiple projects of varying sizes and types across the city, according to its website. The firm did not respond to Construction Dive’s requests for comment. Legionnaires’ disease is a form of pneumonia, per the Centers for Disease Control and Prevention. It doesn’t spread person to person, but rather by breathing in mist containing the bacteria, which proliferates in warm water. Read More

This audio is auto-generated. Please let us know if you have feedback. On July 29, the Department of Justice (via the Office of the Attorney General) issued a lengthy memo to federal agencies providing “guidance” on what may constitute unlawful discrimination by recipients of federal financial assistance. While the guidance does not carry with it the force of law, it provides a clear window into the enforcement strategy of the federal government when it comes to evaluating DEI programs for unlawful discrimination. On its face, the guidance applies only to recipients of federal financial assistance. However, the principles set forth in the guidance are likely to be applied by the U.S. Equal Employment Opportunity Commission to all employers under Title VII. The guidance goes beyond DEI in the employment context, covering academia and other sectors as well. However, this article focuses only on employment issues and only on three of the more salient employment issues addressed in the DOJ memo. 1. Preferential treatment Let’s begin with the basics: employers cannot provide preferences based on race, sex or other protected characteristics when making employment decisions, such as hiring and promoting. This means no quotas, set asides or “plus” factors. The law is clear that there is no “diversity” exception to unlawful discrimination. One specific callout: the DOJ has taken the position that “diverse slate requirements” likely are unlawful. The EEOC previously has taken the same position. So has the U.S. Office of Personnel Management. It is important to note that diverse slate requirements are not the ultimate employment decision. This suggests that the DOL and other government agencies will focus not only on ultimate employment decisions but also on the processes leading up to them. Employers should do the same. 2. Use of “proxies” The DOJ memo focuses heavily on the use of proxies. Unlawful proxies are defined as neutral criteria that function as substitutes for explicit consideration of race, sex or another protected characteristic. According to the memo, such proxies may be unlawful if either: They are selected because they correlate with, replicate or are used as substitutes for protected characteristics. They are implemented with the intent to advantage or disadvantage individuals based on protected characteristics. The government’s focus on intent, while not new, is critical as employers evaluate their DEI programs or practices, regardless of the name given to such programs or practices. For example, let’s assume an employer recruits at a historically Black college or university. If the employer recruits there to increase the diversity of the applicant pool, its intent may be challenged as using an HBCU as an unlawful proxy. Conversely, the employer’s position is stronger if the employer recruits at the HBCU because of the talent there. Employers should focus on merit and not demographic diversity when it comes to recruiting as well. That means employers should seek to expand the talent in the applicant pool as opposed to increasing the pool’s diversity. Because intent matters, so do the words we use and the documentation we maintain. 3. Segregation According to the DOJ memo, segregation occurs where a program, activity or resource “separates or restricts access based on race, sex, or other protected characteristics,” even if the stated goal is to increase inclusion or address historical disparities. While DOJ focuses more on the educational context, prior guidance from the DOJ, the EEOC and the OPM fill the gap. Regarding employee resource groups, when HR professionals are likely to run into this issue, three general principles apply: The ERG cannot be explicitly or “functionally” limited based on race, sex or another protected characteristic. In plain speak, a women’s initiative must be open to men. There cannot be segregation in the training or other offerings of the ERG, even if the training and resources that are offered to the segregated groups are the same in content and resource allocation. The term “functionally” is used in the OPM memo. To minimize the risk of functional restrictions on participation in an ERG, employers should give thought to who is invited or encouraged to attend — and discouraged from attending — ERG events, officially or unofficially. While the DOJ memo calls out segregation as generally impermissible, it also states that failure to maintain sex-separated intimate spaces also may violate federal law. To quote the guidance: “Federally funded institutions that allow males, including those self-identifying as ‘women,’ to access to single-sex spaces designed for females — such as bathrooms, showers, lockers or dormitories — undermine the privacy, safety, and equal opportunity of women and girls.” This position echoes the position the EEOC has taken as well as prior guidance from the DOJ in its Civil Rights Fraud Initiative. However, regarding access to bathrooms, the position of the federal government differs from the enforcement position of some state and local agencies. Beyond the scope of this article, there are myriad options for employers to consider to manage the competing risks in this area. While I’ve focused here on only three of the more salient issues posed by the DOJ memo, employers are well advised to read the DOJ memo in its entirety to help assess their potential exposure by clicking here. Read More