Section 750.10  Purpose

 

This Part establishes an Americans with Disabilities Act Grievance Procedure (Procedure) pursuant to the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) (ADA), and specifically, Section 35.107 of the Title II Regulations (28 CFR 35.107), requiring that a grievance procedure be established to resolve grievances asserted by qualified individuals with disabilities.  Should any individual desire to review the ADA or its regulations to understand the rights, privileges and remedies afforded therein, please contact the ADA Resource Information Coordinator.

 

Section 750.20  Definitions

 

            "ADA" is the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).

 

            "ADA Executive Appeals Committee" is a committee established by the Department consisting of:  a Deputy Director, Office of Finance and Administration; an Assistant Chief Counsel, Office of Chief Counsel; the Manager, Civil Rights Office, Office of Finance and Administration; a Deputy Director, Division of Highways; and one rotating member, appointed annually by the Director, Office of Finance and Administration.  The ADA Executive Appeals Committee shall review matters that cannot be resolved at the ADA Resource Information Coordinator level.

 

            "ADA Resource Information Coordinator" is the person appointed by the Department to coordinate the Department's efforts to comply with and carry out its responsibilities under Title II of the ADA.  The Designated Coordinator for the Department is the Manager, Employee Assistance Unit, Office of Finance and Administration, Bureau of Employee Services, 2300 South Dirksen Parkway, Springfield, Illinois 62764.  Phone:  (217)524-1242, Telecommunications Device for Deaf Persons:  (217)524-4874 and 524-4875.

 

            "Complainant" is an individual with a disability who files a grievance in accordance with this Part.

 

            "Department" is the Illinois Department of Transportation.

 

            "Disability" means, with respect to an individual, a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such an impairment; or being regarded as having such an impairment.  (28 CFR 35.104, effective January 26, 1992)

 

            "Grievance" is a complaint filed with the Department by an individual alleging that he or she has been subject to discrimination by the Department on the basis of his or her disability with respect to the Department's services, programs or activities.

 

            "Major Life Activities" means functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.  (28 CFR 35.104, effective January 26, 1992)

 

            "Physical or mental impairment" means any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems:  neurological, musculoskeletal (including speech organs), cardiovascular, reproductive, digestive, genito-urinary, hemic and lymphatic, skin, and endocrine; or any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.  (28 CFR 35.104, effective January 26, 1992)

 

            "Qualified individual with a disability" means an individual with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public entity.  (28 CFR 35.104, effective January 26, 1992)

 

            "Reasonable Accommodation" means modifications or adjustments to services, programs or activities that enable a qualified individual with a disability to participate therein, or enjoy the benefits thereof.

 

            "Undue hardship" means, with respect to the provision of an accommodation, significant difficulty or expense incurred by a covered entity.

 

Section 750.30  Procedure

 

a)         Grievances shall be submitted in accordance with the procedures established in Section 750.40 and 750.50 of this Part, in the form and manner described, and within specified time limits.  Time limits established in this procedure are in calendar days, unless otherwise stated, and may be extended by mutual agreement in writing by the Complainant and the Department.

 

b)         A Complainant's failure to submit a grievance, or to submit or appeal it to the next level of procedure, within the specified time limits, shall mean that the Complainant has withdrawn the grievance or has accepted the last response given in the grievance procedure as the Department's final response.

 

c)         Exhaustion of all administrative remedies provided for in this Part shall be a prerequisite to the filing of a complaint before any court or other administrative tribunal.

 

d)         The Department shall, upon request, provide an individual with a copy of this Part.

 

Section 750.40  Grievance − ADA Coordinator Level

 

a)         If an individual desires to file a grievance alleging discrimination due to his or her disability with respect to an alleged denial of equal access to Department services, programs or activities, he or she shall, within 180 days after the alleged discrimination, submit a written grievance to the Department's ADA Resource Information Coordinator.

 

b)         In order to be considered by the Coordinator, the grievance shall contain the following information:

 

1)         the Complainant's name, address and telephone number;

 

2)         the best time and means for contacting the Complainant;

 

3)         the exact nature of Complainant's disability, including a signed statement from a physician currently licensed to practice in Illinois;

 

4)         the program, activity or service which was denied Complainant, or in which alleged discrimination occurred;

 

5)         the nature of the denial or alleged discrimination;

 

6)         a statement detailing why the Complainant believes he or she is a qualified individual with a disability;

 

7)         the date the denial or alleged discrimination occurred;

 

8)         the signature of the Complainant.

 

c)         The Complainant shall attach copies of any documents received from or submitted to the Department which pertain to the program, activity or service referred to in the grievance.

 

d)         The ADA Resource Information Coordinator or his representative shall investigate the grievance and shall make reasonable efforts to resolve the matter.  The Coordinator shall serve a written response upon the Complainant within ten business days after receipt of the grievance.  The date of service of the written response shall be considered to be the date of its mailing.

 

Section 750.50  Grievance − ADA Executive Appeals Committee Level

 

a)         If the grievance is not resolved to the satisfaction of the Complainant at the ADA Coordinator Level, the Complainant may submit a copy of the grievance and the Coordinator's response to the ADA Executive Appeals Committee, together with a short written statement explaining the reason(s) for dissatisfaction with the Coordinator's written response, within fifteen business days after the receipt by the Complainant of the Coordinator's response.

 

b)         The Complainant shall be afforded an opportunity, within thirty days after the Committee's receipt of the Complainant's submission pursuant to subsection (a) above, to appear before the Committee, and shall have a right to designate a representative to appear on his or her behalf.  The Committee shall review the statements of the Complainant, written materials submitted by the Complainant, the Coordinator's response, and may conduct interviews and seek additional information, evidence and/or advice as it deems appropriate.

 

c)         The Committee shall approve, disapprove or modify the recommendation of the Coordinator and shall render a written decision thereon within thirty days after meeting to decide the matter.  The Committee shall state the reason(s) for its decision, and shall serve a copy upon the Complainant and the Coordinator.

 

d)         The grievance, the Coordinator's response, the Complainant's statement of reasons for dissatisfaction and the decision of the Committee shall be maintained in accordance with the State Records Act (Ill. Rev. Stat. 1991, ch. 116, par. 43.3 et seq.) or as otherwise required by law.

 

Section 750.60  Accessibility

 

The Department shall ensure that all stages of the grievance process procedure are readily accessible to and usable by individuals with disabilities.

 

Section 750.70  Case-by-Case Resolution

 

Each grievance involves a unique set of factors that includes, but is not limited to:  the specific nature of the disability; the essential eligibility requirements, the benefits to be derived, and the nature of the service, program or activity at issue; the health and safety of others; and whether an accommodation would constitute a fundamental alteration of the program, service or activity, or undue hardship on the Department.  Accordingly, termination of a grievance at any level, whether through the granting of relief or otherwise, shall not constitute a precedent on which any other Complainant should rely.