Staff Reports - East Bay Municipal Utility District

EEO and Diversity Training
Disability Training for District supervisors and managers was discontinued when the
vendor contract expired in September 2012. Staff is exploring alternative methods for
providing Disability training to new supervisors and managers.
The diversity training class “Working Smart: Dealing with Differences” is offered twice a
year to all employees and supervisors. The training helps participants recognize the many
dimensions of diversity – personal style, education, cultural experiences, among others –
and their impact in the workplace.
The District will continue to provide online refresher training to meet state requirements
to provide Prevention of Sexual Harassment (PSH) training to all District supervisors and
managers every two years. The District also provides this training to non-supervisory
employees every five years. The online training covers all forms of EEO harassment
including sexual harassment, and is supplemented by AA Office and Human Resource
staff meetings with work groups to review the training materials and answer questions.
District Response to New California EEO Requirements
Changes To Pregnancy and Disability Discrimination Regulations
Revised regulations addressing discrimination based on pregnancy and disability took
effect on December 30, 2012. Key provisions 1 are shown below:
Pregnancy Regulations
o When applicable, California employers must provide a “pregnancy disability
leave” or PDL independent of job-protected leave under the California Family
Rights Act (CFRA), or the Family and Medical Leave Act (FMLA).
Employees “disabled by pregnancy” are entitled to leave, transfer to a less
strenuous or hazardous position, or other reasonable accommodation. The
definition of “disabled by pregnancy” now may include a pregnant
employee’s inability to perform a single essential job function. Examples of
“disabled by pregnancy” include conditions such as pre-natal or postnatal
medical care and post-partum depression.
o The regulations also provide guidance regarding the employer’s obligation to
provide “reasonable accommodation” to women disabled by pregnancy. The
obligation to accommodate is independent of leave, unless time off is the
accommodation. The regulations require employers to engage in an interactive
process to determine appropriate accommodations.
1 Jennifer Brown Shaw and William D. Bishop The Daily Recorder 01-08-2013
Affirmative Action & Equal Employment Opportunity
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