AUTHORITY: Implementing the Americans With Disabilities Act of 1990 (42 USC 12101 et seq., and section 35.107 of the Title II regulations (28 CFR 35.107)) and the Rehabilitation Act of 1973, as amended (Pub. L. 93-112); and authorized by Section 4.01(11) of the Illinois Act on the Aging [20 ILCS 105/4.01(11)], the Age Discrimination Act of 1975 (Pub. L. 94-135), the Age Discrimination in Employment Act of 1967 (Pub. L. 101-433), Titles VI and VII of the Civil Rights Act of 1964 (Pub. L. 88-352), the Civil Rights Act of 1991 (Pub. L. 102-166), the Conspiracy to Obstruct Justice Act (42 USC 1985), Employee Polygraph Protection (29 USC Chapter 22), the Equal Employment Opportunity Act of 1972 (Pub. L. 92-261), the Equal Pay Act of 1963 (Pub. L. 88-38), the Family and Medical Leave Act of 1993 (Pub. L. 103-3), the Immigration Reform and Control Act of 1986 (Pub. L. 99-603), the Older Workers Benefit Protection Act (Pub. L. 101-433), the Pregnancy Discrimination Act (42 USC 2000e(k)), Vocational Rehabilitation and Other Rehabilitation Services (29 USC Chapter 16), the Illinois Civil Rights Act of 2003 [740 ILCS 23/5], the Whistleblower Reward and Protection Act [740 ILCS 175/4], the Illinois Human Rights Act [775 ILCS 5/1-102, 5-102, 6-101], the Victims' Economic Security and Safety Act [820 ILCS 180/15, 20, 30], the Equal Pay Act of 2003 [820 ILCS 112/10], and the Family Medical Leave Act [820 ILCS 151/25].

SOURCE: Adopted at 32 Ill. Reg. 11596, effective July 10, 2008.

SUBPART A: GENERAL RULES

 

Section 1725.10  Definitions

 

"ADA" is the Americans With Disabilities Act of 1990 [42 USC 12101 et seq.].

 

"ADA/Civil Rights Program Coordinator" or "Coordinator" is the employee, or other designated individual, appointed by the Director who is responsible for the coordination of efforts at the Department to comply with and carry out its responsibilities under Title II of the ADA and other federal and State civil rights laws.  The ADA/Civil Rights Program Coordinator can be contacted through the main office of the Department at 421 East Capitol Avenue, #100, Springfield , Illinois  62701-1789.

 

"Complainant" is a qualified individual with a disability or a protected person who files a timely grievance based on either the denial of a request for reasonable accommodation or allegations of discrimination on the intake form set out in Appendix A in accordance with the procedures in this Part.

 

"Department" means the Illinois Department on Aging.

 

"Director" means the Director of the Department.

 

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

 

"Grievance" is a written appeal of the denial of a request for reasonable accommodation under the ADA, or a complaint of alleged discrimination under other federal and State civil rights laws, that is made by an individual with a disability or a protected person who meets the essential eligibility requirements for participation in or receipt of the benefits of a program, service, or activity offered by the Department, and who:

 

believes that he or she has been excluded from participation in, or denied the benefits of, any program, service, or activity of the Department on the basis of his or her disability; or

 

has been subject to discrimination by the Department on the basis of protected classification characteristics under federal or State civil rights law.  Programs, services, or activities of the Department include those administered by entities on behalf of the Department under a contract, a grant, or any other legally binding agreement.

 

"Major life activities" means functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.  (See 28 CFR 35.104.)

 

"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, genitourinary, 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.  (See 28 CFR 35.104.)

 

"Protected person" means an individual who is protected against discrimination under federal and State civil rights laws based on classification characteristics such as age; ancestry, citizenship, color, national origin or race; creed or religion; disability; familial status, gender, sex, or sexual orientation; military status or unfavorable discharge from military service; or retaliation for having opposed an unlawful practice; and meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by the Department.

 

"Qualified individual with a disability" means an individual with a disability who, with or without a reasonable accommodation 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 the Department.  (See 28 CFR 35.104.)

 

"Reasonable accommodation" means modifications or adjustments to programs, services, or activities that enable a qualified individual with a disability to participate in, or enjoy the benefits of, those programs, services, or activities.

 

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

 

Section 1725.20  Purpose

 

a)         This Part establishes a formal grievance procedure for reasonable accommodation requests and complaints of alleged discrimination asserted by qualified individuals with disabilities as required by 28 CFR 35.107 of the federal regulations under Title II of the Americans With Disabilities Act of 1990 or protected persons under other federal and State civil rights laws.

 

b)         The Department encourages managerial and supervisory staff of programs, services, and activities to respond to requests for reasonable accommodations and complaints of alleged discrimination before a matter gives rise to a formal grievance.

 

c)         It is the intention of the Department to foster open communication with all individuals requesting readily accessible programs, services, and activities.  Questions pertaining to the ADA or other federal and State civil rights laws, the applicable regulations, or the rights, privileges, and remedies afforded by these laws, should be directed to the ADA/Civil Rights Program Coordinator at the address listed in Section 1725.10.  The Coordinator is responsible for the investigation of formal grievances, documentation of facts, and presentation of findings in advising management regarding possible recommendations to resolve pending disputes.

 

d)         The rights and protections afforded by this Part are intended to benefit both Department employees and qualified individuals with disabilities or protected persons who apply or participate in each program, service, and activity offered by the Department.  The use of this formal grievance procedure does not preclude the right to file a discrimination complaint directly with the Illinois Department of Human Rights, the United States Equal Employment Opportunity Commission (EEOC), or other federal or State agencies with jurisdiction over civil rights laws.  The filing of a complaint of alleged discrimination may not be used as a basis for future retaliation adversely affecting the rights of any member of the public.

 

Section 1725.30  General Grievance Procedures

 

a)         General

The Department will endeavor to respond to and resolve reasonable accommodation requests and any complaints of alleged discrimination without the need to resort to the formal grievance procedure established by this Part.

 

b)         Outreach

The Department will provide a copy of this formal grievance procedure and the required formal grievance intake forms to anyone making a request or expressing a desire to file a formal grievance.

 

c)         Assistance

The Department will assist a complainant with the completion of the formal grievance intake form upon request.

 

d)         Timeliness

Unless there are extenuating circumstances, the formal grievance intake forms must be received by the ADA/Civil Rights Program Coordinator in writing within 5 days after the date of denial of a request for reasonable accommodation or 180 days after the date of the last incident of alleged discrimination under the ADA (see 28 CFR 35.170(b)), or the deadlines set by other applicable federal and State civil rights laws.  The time limits established in this procedure are in calendar days, unless otherwise stated, and may be extended with just cause by the Department or by mutual agreement of the parties.  Extensions will be put in writing and signed by the complainant and the Coordinator at the Initial Level Review and by the complainant and the Director at the Final Level Review.

 

e)         ADA/Civil Rights Program Formal Grievance Intake Forms

A formal grievance must be submitted in writing in the manner described in Section 1725.40 on the formal grievance intake form prescribed in Appendix A.

 

f)         Screening

The Coordinator will notify the complainant and other concerned parties within 10 business days by certified mail after the receipt of the formal grievance intake form if the filing is untimely or incomplete.

 

g)         Advocacy

A complainant may use the assistance of an advocate in any stage of this formal grievance procedure.

 

h)         Withdrawal of the ADA/Civil Rights Program Formal Grievance Intake Form

The formal grievance intake form, or any part of the allegations, may be withdrawn by the complainant during the investigation upon receipt by the Coordinator of a written request for withdrawal.

 

i)          Waiver

A complainant's failure to submit a formal grievance, to rectify an incomplete filing, or to appeal a notice of dismissal or the recommendation for resolution by the Coordinator 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 from the Department given in the grievance procedure.

 

j)          Dismissal of the Formal Grievance

If a formal grievance is filed in an untimely or incomplete manner, then the Coordinator will document that finding and notify the complainant and other concerned parties of dismissal within 10 business days by certified mail.

 

k)         Completeness

The formal grievance intake form must be completed in full to receive proper consideration by the Coordinator.

SUBPART B: PROCEDURES

 

Section 1725.40  Manner of Filing

 

a)         A grievance shall be filed with the ADA/Civil Rights Program Coordinator in a timely manner on the formal grievance intake forms prescribed in Appendix A at the address listed in Section 1725.10.

 

b)         In order to be deemed filed and to receive proper consideration by the Coordinator, the formal grievance intake form must be completed in full as to the following information:

 

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

 

2)         the best means and time for contacting the complainant.

 

c)         If a grievance is based on any complaint of alleged discrimination, the following information must also be completed on the formal grievance intake form:

 

1)         the program, service, or activity that was denied the complainant or in which alleged discrimination occurred;

 

2)         the date of alleged discrimination;

 

3)         the nature of the alleged discrimination; and

 

4)         the dated signature of the complainant, certifying that he or she is qualified or otherwise eligible to participate in the program, service, or activity and that all information on the formal grievance intake form is true to the best of the complainant's knowledge and belief.

 

d)         If a grievance is based on the denial of a requested reasonable accommodation, the following information must also be completed on the formal grievance intake form, to the extent an answer is known:

 

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

 

2)         the accommodation the complainant seeks;

 

3)         the date of the original request;

 

4)         the person to whom the request was made;

 

5)         the reason for denial;

 

6)         the estimated cost of the accommodation (if known);

 

7)         a statement detailing why the requested accommodation is necessary to use or participate in the program, service, or activity;

 

8)         any alternative accommodations that may provide accessibility;

 

9)         any other information the complainant believes will aid in a fair resolution of the formal grievance; and

 

10)         the dated signature of the complainant, certifying that he or she is qualified or otherwise eligible to participate in the program, service, or activity and that all information on the formal grievance intake form is true to the best of the complainant's knowledge and belief.

 

e)         The Coordinator will notify the complainant and other concerned parties within 10 business days, by certified mail, after the receipt of the formal grievance intake form if the filing is not complete.  The Department will assist with completion of the formal grievance intake form upon request.

 

f)         The Coordinator will investigate a formal grievance and make reasonable efforts to resolve the matter.

 

Section 1725.50  Initial Level Review

 

When a fully completed formal grievance intake form is received in a timely fashion, the ADA/Civil Rights Program Coordinator will proceed to investigate the allegations.  All concerned parties, including the complainant's immediate manager or supervisor, when applicable, will be contacted for relevant information and may be requested to avail themselves to a fact-finding conference.  After investigation and analysis of the merits, regardless or whether there is reasonable cause to believe that a reasonable accommodation request may have been erroneously denied or that discrimination may have occurred, the Coordinator will document that finding and notify the complainant and other concerned parties, by certified mail, of dismissal or possible recommendations to resolve the pending dispute.  Service of a notice shall be deemed complete five business days after mailing.  If the grievance cannot be satisfactorily resolved at this initial level review within the next five business days, then the Coordinator will document the efforts made to resolve the dispute and close the record unless the complainant appeals a notice of dismissal or the Coordinator's recommendations to the next level of review in a timely manner.

 

Section 1725.60  Final Level Review

 

a)         If a grievance has not been resolved by the ADA/Civil Rights Program Coordinator to the satisfaction of the complainant, the complainant may appeal to the Director for final review.  Within 15 business days after service of the notice of dismissal or the Coordinator's recommendations, the complainant must submit a copy of the formal grievance intake form, any responses from the Coordinator, together with a short written statement explaining the reasons for dissatisfaction with the possible recommendations to resolve the pending dispute, and any other supporting documentation.  The date of service of the written response shall be deemed to be the date of its mailing.  The Director will extend the period for submitting the appeal and supporting documentation for up to five additional calendar days, upon complainant's request.

 

b)         The Director may request that the complainant either appear in person, or by an advocate, or respond to pertinent questions in writing.  The Director is authorized to conduct interviews and seek relevant advice and additional evidentiary information with respect to the grievance as he or she deems appropriate.

 

c)         The Director will approve, disapprove, or modify the Coordinator's dismissal or recommendations and issue a written decision stating the reasons for the official position of the Department.  A copy of the decision will be sent by certified mail to the complainant and other concerned parties within 45 business days after receipt of the appeal.  The Director's decision shall be the final decision of the Department.

 

d)         The record of a formal grievance, including the formal grievance intake form, the Coordinator's responses, the complainant's statement of reasons for dissatisfaction, and the decision of the Director, shall be maintained in accordance with the State Records Act [5 ILCS 160] or as otherwise required by law.

 

Section 1725.70  Accessibility Policy

 

The Department on Aging shall ensure that all stages of this formal grievance procedure are readily accessible to and usable by qualified individuals with disabilities in accordance with federal and State laws and regulations.

 

Section 1725.80  Case-by-Case Resolution

 

a)         Each grievance involves a unique set of factors.  Factors that will be considered include:  

 

1)         the specific nature of the disability or protected classification characteristics under federal or State civil rights law;

 

2)         the essential eligibility requirements for, the benefits to be derived from, and the nature of the program, service, or activity at issue;

 

3)         the health and safety of others; and

 

4)         whether an accommodation would constitute a fundamental alteration to the program, service, or activity or undue hardship upon the Department.  

 

b)         Accordingly, termination of a formal grievance at any level, whether through the granting of relief or otherwise, shall not constitute a precedent on which any other complainant should rely.

 

Section 1725.90  ADA/Civil Rights Program Notice

 

A public notice shall be posted informing any interested party of the Department's compliance with the ADA and the appropriate provisions of other federal and State civil rights laws that apply to programs, services, or activities offered by the Department.







Section 1725.APPENDIX A   ADA/Civil Rights Program Formal Grievance Intake Form

 

ADA/Civil Rights Program Formal Grievance Intake Form

 

Discrimination Based on a Disability

Denial of Reasonable Accommodation Request

 

It is the policy of the Illinois Department on Aging to provide assistance in filling out these forms.  If assistance is needed, please ask:

 

ADA/Civil Rights Program Coordinator

Illinois Department on Aging

421 East Capitol Avenue, #100

Springfield IL 62701-1789

217/785-3346 (Voice) or 888/206-1327 (TTY)

 

Contact Information

 

Name:________________________________________________________________________

 

Address:______________________________________________________________________

 

City, State and Zip Code:_________________________________________________________

 

Telephone No.:______________ (Voice) ______________ (TTY)      Fax No. ______________

 

Best Means and Time for Contacting:_______________________________________________

 

Alleged Discrimination

 

Please fill out this part if you were excluded from participation in, or denied the benefits of, any program, service, or activity of the Department on the basis of a disability or have been subject to discrimination by the Department under federal and State civil rights laws based on classification characteristics such as age; ancestry, citizenship, color, national origin or race; creed or religion; disability; familial status, gender, sex, or sexual orientation; military status or unfavorable discharge from military service; or retaliation for having opposed an unlawful practice.  A response must be provided for each line in order for the Department to take action.  You may attach additional sheets for your responses, if necessary.  Do not submit an incomplete form.

 

Program, Service, or Activity to which Access was Denied or in which Alleged Discrimination Occurred:______________________________________________________________________

 

Date of Alleged Discrimination:____________________________________________________

 

Nature of Alleged Discrimination:__________________________________________________

 

(OVER)

 

(BACK OF FORM)

 

Reasonable Accommodation Requests

 

Please fill out this part if your reasonable accommodation was denied.  Reasonable accommodations could include such things as providing auxiliary aids and devices and changing some policies and/or requirements to allow a qualified individual with a disability to participate in any program, service, or activity of the Department.  You may attach additional sheets for your responses, if necessary.  A response should not be provided for any line that you do not know the answer. 

 

Exact Nature of Disability:________________________________________________________

(Please attach a signed statement from a physician currently licensed to practice in Illinois.)

 

Reasonable Accommodation Requested:_____________________________________________

 

Date the Reasonable Accommodation was Requested:__________________________________

 

Person to whom the Request was Made:_____________________________________________

 

Reason for Denial:______________________________________________________________

 

Estimated Cost of Accommodation (if an assistive device, such as a TTY or optical reader, or commodity or service for which a cost is readily known):_____________________________

 

Why is the Requested Accommodation Necessary to Use or Participate in the Program, Service, or Activity?____________________________________________________________________

 

Alternative Accommodations that may Provide Accessibility:__________________________

 

Any Other Information You Believe Will Aid in a Fair Resolution of this Grievance:___________

 

Signature

 

I certify that I am qualified or otherwise eligible to participate in the program, service, or activity and the above statements are true to the best of my knowledge and belief.

 

____________________________________            ____________________________________

Signature                                                                     Date

 

Please return upon completion to the ADA/Civil Rights Program Coordinator at the address listed at the top of the front page.

 

For Internal Use Only

 

Date Received:________________________            By:_________________________________