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16-183A Policy ReportNo: 16-183a Meeting Date October 26, 2016 Alameda-ContraCosta Transit District STAFF RE PO RT TO: AC Transit Board of Directors FROM: Michael A. Hursh, General Manager SUBJECT: Board Policy 213 -- Prohibiting AlIForms of Unlawful Employment Discrimination Including Sexualand Other Forms of Harassment ACTIONITEM RE£OMMENDEOACTION($] ; Consider adopting revisions to Board Policy 213 Prohibiting All Forms of Unlawful Employment Discrimination Including Sexualand Other Forms of Harassment. BACKGROUND/RATIONALE The State of California Department of Fair Employment and Housing (DFEH)updated many of its regulations last year. As a result, the District has updated its training and proposes revisions to Board Policy 213 and Administrative Regulation 213A in compliancewith the new regulations. In compliance with California Government Code $ 12940 (a), the protected categories have been expanded to conform to recent court decisions. Specifically,unlawful employment practiceson the basis of mental disability, physical disability, gender expression,gender identity, gender non-conforming or variance, sex, transgender, pregnancy, religious creed, national-origin and anti-bulling. This proposed policy is meant to comply with state law and foster a workplace environment of inclusion, civility, dignity, respect and professionalism. BUDGETARY/FISCALIMPACT There is no budgetary or fiscalimpact associated with this report ADVANTAGES/DISADVANTAGES Maintain compliance with current state and federallaws regarding employment discrimination ALTERNATIVES ANALYSIS Staff found no practical alternatives to the course of action recommended in this report 1 of 13 Report No. ].6-183a Page2 of 2 PRIOR RELEVANT BOARD ACTION/POLICIES Policy No. 207 -- Equal Employment Opportunities and Affirmative Action, adopted 9/28/90 Po[icy No. 201 - Anti-Bu]]ying and Prevention of Abusive Conduct, adopted 6/10/].5 Policy No. 213 - Prohibiting allforms of UnlawfuIEmployment Discrimination including Sexual and other forms of Harassment,adopted 8/98 ATTACHMENTS 1. Proposed revisions to existing Board Policy 213 2. Proposed revision to existing Administrative Regulation 213A Approved by: MichaeIHursh, GeneraIManager Reviewedby: MichaeIHursh, GeneraIManager DeniseC. Standridge, GeneralCounsel Grant Lee, ExecutiveDirector of Human Resources Preparedby: Sherri A. Stokes, EEOProgram Administrator 2 of 13 SR16-183a, Att. I Board Policy NQ: 213 Prohibiting AlIForms of Unlawful Employment Discrimination Including Sexualor Other Forms of Harassment ADOPTED:8/98 SUBJECT CATEGORY: HUMAN RESOURCES RECENTAMENDMENT: I0/26/16 SUBSECTION: GENERAL SEEALSO: 213A CONTROL DEPARTMENT: COMPLIANCE & DIVERSE'TY 1. PURPOSE The purpose of this policy is to demonstrate AC Transit's commitment to providing a work environment free from all forms of unlawful employment discrimination, including sexual and other forms of harassment. This includes fostering an organizationalculture of inclusivenesswith a diverseworkforce 11. PERSONS AFFECTED All elected officials, Board Officers, employees, temporary employees, volunteers, paid and unpaid Interns, consultants, vendors, contractors and job applicants. This Policy applies to all District locations, as wellas to allemployer-sponsored activities, such as training, social, or other events; whether held at a District facility or at other locations. 111. POLICY AC Transit will not tolerate unlawful employment discrimination, including sexualor other forms of harassmentof any employee or applicant for employment becauseof race, religious creed jincluding religious dressand grooming practices), color, national origin (including languageuse restrictions), ancestry, disability (mental and physical) including HIV and AIDS, medical condition jcancer and genetic characteristics),genetic information, marital status, sex (which includes pregnancy,childbirth, breastfeedingand medical conditions related to pregnancy,childbirth or breastfeeding),gender, gender identity, gender expression,age, sexual orientation, military or veteran status, denial of Family or Medical Care Leave or PregnancyDisability Leave or any additionalprotected classes. Supervisors, co-workers and third parties are prohibited from engaging in unlawful behavior under the Fair Employment HousingAct. Any incident of unlawful Discrimination, including sexual or other forms of Harassment,may be reported to the employee's supervisor or manager, to any member of management, or to the District's EEOOffice. Supervisorsmust report all complaints to the EEOOffice immediately. All complaints will be followed by a fair, complete and timely investigation. To the extent possible, a complaint will be treated with confidentiality and the privacy rights of all parties involved in an Investigation will be protected. Remedial action will be taken if any misconduct is found. 3 of 13 AC Transit Board Policy No. 213 Page 2 of 2 ACTransit will not tolerate any retaliation against anyone becausehe or she has opposed any discriminatory employment practice; made a charge; or testified, assisted, or participated in any manner in an investigation, proceeding, or hearing involving unlawfulemployment discrimination. Part of maintaining a work environment free from employment discrimination and harassment rests on the fundamental principles that we must treat each employee and all others with respect, dignity and professionalism. The Human ResourcesDepartment in conjunction with the EEOProgram Administrator are responsible for distributing this policy to all employees with an acknowledgment form for the employee to sign and return. IV. GENERAL RESPONSIBILITIES All persons affected are responsiblefor ensuring that his or her on-the-job behavior and performance are consistent with this policy and responsible for implementation of this Policy, including taking the steps necessaryto prevent allforms of employment discrimination, including sexual and other forms of harassment, and undertaking to accomplish AC Transit's Equal Employment Opportunity (EEO)goals. Supervisors, co-workers and third parties are prohibited from engaging in unlawfulbehavior under the Fair Employment and Housing Act. V. AUTHORITY A. Authority of the General Manager The GeneraIManager is directed to issue the necessary Administrative Regulations and develop the necessaryforms and systemsrequired to implement this Policy. Questionsconcerning interpretation of this Policy are to be referred to the GeneralCounsel 4 of 13 SR].6-183a, Att. 2 Alameda-Contra Costa Transit District Administrative Regulation No. 213A: Prohibiting All Forms of Unlawful Employment Discrimination, Including Sexualor Other Formsof Harassment IssuingOfficer: GeneraIManager Subject Category: Human Resources Date of Adoption : 8/12/1998 Subsection: General Most RecentAmendment: l0/26/2016 Control Department(s): Compliance & Diversity SeeAlso: 213 1. PURPOSE The purpose of this Administrative Regulation (AR) is to assist the Board of Directors, Board Officers, and District employees carry out their respective roles and functions to ensure and maintain compliance with Board Policy(ies) related to discrimination prevention as wellas federal and state program requirements. In addition, the purpose of this AR is to outline the District's standards, requirements, complaint procedures, and remedial guidelines regarding inappropriate and/or unprofessional conduct that does,or potentially could, rise to the level of unlawful Discriminationand/or Harassment;and to clarify complaint and investigation procedures for all employees and job applicants who believe they may have been subjected to inappropriate workplace conduct based on their protected status 11. PERSONS AFFECTED All elected officials, Board Officers, employees, temporary employees, volunteers, paid and unpaid interns, consultants, vendors, contractors and job applicants. This Policy applies to all District locations, as wellas to allemployer-sponsored activities, such as training, social, or other events, whether held at a District facility or at other locations. 111. DEFINITIONS "Discrimination" meanstreating any employee, or applicant for employment, differently because of his or her protected status. "Gender expression" means a person's gender-related appearanceor behavior, whether or not stereotypicallyassociated with the person'ssex at birth. "Gender identity" means a person's identification as male, female, a gender different from the person'ssex at birth, or transgender. "Gender non-conforming or variance" is a behavior or gender expressionby an individual that does not match or conforms to the socialexpectations for one's gender. 5 of 13 ACTransit Administrative Regulation No. 213A Page 2 of 9 "Harassment" is a form of discrimination and involvestargeting an individualor a group because of a protected status. Harassment includes sexual harassment and may also include, but is not limited to, epithets, slurs, derogatory comments or jokes, intimidation, negative stereotyping, threats, assault, or any physical interference with an employee's normal work or movement. Harassment may also include written or graphic material placed on walls, bulletins boards, or elsewhere on the District's premises, or circulated in the work place, that denigrates, shows hostility or aversion towards an Individual or group becauseof a protected status; whether or not the offending party intended to offend, or believed hls or her comments or conduct were welcomed. "Inclusion" means a culture that connects each employee to the organization; encourages collaboration,
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