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Construction employers are to be scrutinised by the Equality and Human Rights Commission for evidence of 鈥榠ndirect discrimination鈥� that disadvantages black and Asian workers. If evidence is found, the EHRC could launch an official investigation into the company鈥檚 practices.

The move is part of the Commission鈥檚 on-going monitoring of the industry, following the publication in July of its report on racial discrimination in construction.

Rhodri McDonald, a senior lawyer at the EHRC, said that it is 鈥榣ooking at how we gather intelligence [on employers] and monitor compliance with the law鈥� and is encouraging individuals who feel they have suffered discrimination to come forward.

He explained: 鈥楾here鈥檚 what you could call a 鈥渄iscrimination dividend鈥�. In other industries, people are in longer-term careers and have clearer employment status, so employers know there鈥檚 a reputational risk if someone takes them to tribunal for discrimination. But if construction companies feel they can discriminate without penalty, then they鈥檙e avoiding the costs they would suffer鈥� if people were taking them to tribunals.鈥�

The EHRC is also planning a series of round-table meetings with the industry to find ways of taking the report鈥檚 recommendations forward.

Meanwhile, gay rights group Stonewall is talking to two or three construction employers about becoming 鈥榙iversity champions鈥� that would set a standard for lesbian and gay-friendly workplaces for other firms to follow.

鈥楶eople perform better at work when they can be themselves, they鈥檙e more productive,鈥� said associate Laura Swiszczowski. 鈥榃e鈥檇 encourage employers to have clear polices on bullying and harassment, so that people know who they can report it to, to work on how they communicate with staff, and to set up a lesbian and gay employee network.鈥�