Staff Reports - East Bay Municipal Utility District

Disability Regulations
o The regulations add guidance regarding “essential job functions” to conform
to legal developments. The elements of a discrimination claim now require the
employee to establish he or she can perform the job’s essential functions, with
or without accommodation.
o The regulations also added detail regarding the “interactive process”
obligations for both employers and employees. Of note, an employee’s
exhaustion of CFRA or FMLA medical leave is now considered notice to the
employer that the employee may need an accommodation. Additionally, the
regulations specify employees’ obligations to cooperate and facilitate the
employers’ requests for information from the employee and his or her
healthcare provider.
Staff made a presentation about the revised Pregnancy and Disability regulations to the
District management team in February. Staff also updated District notices that are
provided to employees who are affected by pregnancy. These notices include more
information about PDL and reasonable accommodation, and inform employees about
their rights to take leave, transfer, or otherwise be reasonably accommodated. The notice
also informs employees about their obligation to give employers reasonable notice of
their need for leave, transfer, or accommodation.
Breast-Feeding Regulations
o The California Fair Employment and Housing Act was amended by AB2386
(Alle) to prevent breast-feeding discrimination in the workplace. Although the
California Labor Code already requires employers to provide accommodations for
women who are breast-feeding, this new law goes a step further by providing
additional recourse for women who have encountered breast-feeding
discrimination. 2 The Federal Labor Standards Act requires employers to provide
nursing mothers private space (in a place other than a bath room) and reasonable
break time to express breast milk for a period of up to one year after the birth of
her child.
A second Nursing room was provided at the EBMUD Administration building to
accommodate the increasing number of employees returning from pregnancy leave. Staff
will continue to assess the need to provide Nursing rooms at other District facilities.
2 Joseph Naddour and Ryan Crosner, Rutan & Tucker
Affirmative Action & Equal Employment Opportunity
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