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General Contractors’ Liability for Discrimination Expanded


General contractors understand that they can be held liable if they allow an employee to endure a hostile work environment, which liability has been expanded to employees of subcontractors if the GC’s employee is creating the hostile work environment.

Thomas O’Connor Constructors, Inc. v. Massachusetts Commission Against Discrimination, et al., 2007-P-0831, heightens responsibility of GCs to monitor employees’ interactions with subcontractors.

This decision also highlights the importance of ensuring that all employees are properly trained on their obligations to avoid harassment, discrimination, or creating a hostile work environment.

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