TO: AC Transit Board of Directors
FROM: Salvador Llamas, General Manager/Chief Executive Officer
SUBJECT: Board Policy 260 - Prohibiting Unlawful Employment Discrimination,
Harassment, and Retaliation
ACTION ITEM
AGENDA PLANNING REQUEST: ☐
RECOMMENDED ACTION(S):
Title
Consider approving amendments to Board Policy 260 - Prohibiting Unlawful Employment Discrimination, Harassment, and Retaliation.
Staff Contact:
Salvador Llamas, General Manager/Chief Executive Officer
Body
STRATEGIC IMPORTANCE:
Goal - High-Performing Workforce
The Alameda-Contra Costa Transit District is committed to fostering an inclusive workplace. Every employee has the right to work in a professional atmosphere that promotes equal employment opportunities and prohibits unlawful discrimination. The proposed amendments reinforce the District’s commitment to ensure a workplace free from all forms of unlawful employment discrimination, harassment, and retaliation.
BUDGETARY/FISCAL IMPACT:
There is no fiscal impact resulting from amendments to this policy.
BACKGROUND/RATIONALE:
Board Policy 260 was last amended on March 22, 2023, and is required to be reviewed every three years. The recommended amendments expound upon the definitions and examples provided, consistent with Federal, State and local laws. Minor organizational, stylistic, and grammatical changes were made throughout the Policy.
The following amendments to the Definitions section of the Policy were made to provide additional information and examples, which provides further clarity of the requirements under Federal and State law.
Section III. Definitions
Harassment - This section was amended to add “written” conduct as a type of potential harassment. “Offensive” was also added to the definition. The entire amended section reads as follows (added words are underlined):
“Harassment” means unwelcome visual, written, verbal or physical conduct that a reasonable person would consider intimidating, hostile, offensive, or abusive, based on an individual’s actual or perceived membership in a protected category or in retaliation for protected conduct (as defined below).
ADVANTAGES/DISADVANTAGES:
The advantages are that these amendments strengthen and clarify definitions, which align language with Federal, State and local equal opportunity employment laws. They also explicitly address discrimination, harassment, and retaliation under this Policy.
Staff have identified no disadvantages to the amendments to the Policy.
ALTERNATIVES ANALYSIS:
Staff considered not amending this Policy; however, based on trends observed by Staff, this is not recommended. The updates add clarity which aligns the Policy with Federal, State and local equal opportunity employment laws.
PRIOR RELEVANT BOARD ACTION/POLICIES:
SR22-454 Amendment of Board Policy 213
SR22-454a Re-numbering Board Policy 213 (to Board Policy 260)
ATTACHMENTS:
1. Board Policy 260 (redlined)
Prepared by:
Cera Clark, EEO Program Administrator
In Collaboration with:
Alison Kwan, Attorney III
Approved/Reviewed by:
James Arcellana, Executive Director of Human Resources
Aimee L. Steele, General Counsel/Chief Legal Officer