Section 475.20  General Provisions

a)         The Department shall promptly review grievances and consider any reasonable requests for modification to its programs, services, or activities which allegedly discriminate under the ADA on the basis of disability.

b)         Each grievance or request for modification shall be considered on a case-by-case basis, based on the unique set of factors of each case which may include, but not be limited to:

1)         The specific nature of the disability;

2)         The essential eligibility requirements, the benefits to be derived, and the nature of the program, service, or activity;

3)         The health, safety, or security of any person; and

4)         Whether or not a modification would constitute a fundamental alteration to the program, service, or activity or an undue hardship on the Department.

c)         Actions taken with regard to one grievance or request for modification shall not necessarily constitute a precedent upon which any other parties shall rely.

d)         Employees and applicant shall make requests for reasonable accommodation in accordance with internal procedures of the Department which shall be available to employees and applicants.  Grievances of employees and applicants should be filed and processed in accordance with this Part; however, nothing precludes an employee or applicant from filing a grievance in accordance with personnel rules (80 Ill. Adm. Code 303) or collective bargaining agreements. Any grievance filed by an employee or applicant shall be investigated by an ADA Coordinator who shall make recommendations regarding resolution of the grievance.

e)         Grievances or requests for reasonable modifications of committed persons shall be filed and processed in accordance with 20 Ill. Adm. Code 504.Subpart F or G.

f)         Grievances or requests for reasonable modifications of the general public shall be filed and processed in accordance with this Part.

g)         The Department shall take reasonable steps to ensure that the grievance procedures contained in this Part and 20 Ill. Adm. Code 504.Subpart F or G are accessible to and usable by individuals with disabilities.