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].DEPARTMENT ON AGING
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.