Section 1750.10  Definitions

 

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

 

"ADA Committee" is a consulting group consisting of the Chief of Operational Services, the Manager of Maintenance and Traffic, the Employee Services Manager, the Safety and Training Administrator, the IT operations and Customer Support Manager, the Administrative Support Manager and an Assistant Attorney General.

 

"ADA Coordinator" is the person appointed by the Tollway, or that person's designee, to coordinate the Tollway's efforts to comply with and carry out its responsibilities under Title II of the ADA. The ADA Coordinator for the Tollway is the EEO/AA Officer, 2700 West Ogden Avenue, Downers Grove, Illinois 60515. Phone: (630) 241-6800 ext. 1010.  Telecommunications Device for Deaf Persons: (630) 241-6898.

 

"Department Chief" is an individual reporting to the Executive Director with responsibility for the management of a department of the Authority.

 

"Complainant" is a qualified individual with a disability who files a request for reasonable accommodation in accordance with this Part.

 

"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 an accommodation request under the ADA made by an individual who believes that he or she has been excluded from participation in, or denied the benefits of, any program, service or activity of the Tollway or has been subject to discrimination by the Tollway based on a disability.

 

"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, 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.  (See 28 CFR 35.104.)

 

"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 the Tollway.  (See 28 CFR 35.104.)

 

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

 

"Tollway" means the Illinois State Toll Highway Authority.

 

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

 

Section 1750.20  Purpose

 

a)         This grievance procedure is established pursuant to the Americans With Disabilities Act of 1990 (ADA) (42 USC 12101 et seq.) and specifically 28 CFR 35.107 requiring that a grievance procedure be established to resolve grievances asserted by qualified individuals with disabilities.  The rights and protections afforded by the ADA are intended to benefit both employees and non-employees.

 

b)         It is the intention of the Tollway to foster open communication with all individuals requesting readily accessible programs, services and activities.  Questions pertaining to the ADA or the rights, privileges and remedies afforded by the ADA should be directed to the ADA Coordinator.  Tollway employees seeking a reasonable accommodation must submit a written request to the employee's supervisor or to the Tollway's EEO Officer/ADA Coordinator.

 

c)         The grievance procedure set forth in this Part is designed to be an appeal process for a request for a reasonable accommodation that has been denied through the process set forth in the Tollway's Personnel Policies and Procedure Manual or Affirmative Action Plan.

 

d)         The ADA grievance procedure is independent and exclusive of the complainant's rights and protections under other statutes and does not preclude the complainant's right to file a charge directly with the Illinois Department of Human Rights or the United State Equal Employment Opportunity Commission.

 

Section 1750.30  Grievance Procedure

 

a)         Grievances shall be submitted in accordance with the procedures established in Sections 1750.40 and 1750.50 of this Part, in the form and manner described and within specified time limits. Time limits established in this procedure are in calendar days and, unless otherwise stated, may be extended by the ADA Committee with just cause.

 

b)         A complainant's failure to appeal the denial of a request for a reasonable accommodation within the specified time limit shall mean that the complainant has accepted the Tollway's response to his/her request for a reasonable accommodation.

 

c)         A complainant may use the assistance of an advocate in any stage of the grievance procedure.

 

Section 1750.40  Grievance − ADA Coordinator Level

 

a)         A request for a reasonable accommodation shall be filed with the Tollway's ADA Coordinator.

 

b)         In order to be considered by the ADA Coordinator, the request for a reasonable accommodation shall be in writing and contain the following information:

 

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

 

2)         The exact nature of complainant's disability;

 

3)         A statement detailing why the complainant believes he or she is a qualified individual with a disability;

 

4)         The accommodation the complainant seeks;

 

5)         The signature of the complainant; and

 

6)         Date of request.

 

c)         The ADA Coordinator shall investigate the request and shall make reasonable efforts to resolve the matter up to the level of a Department Chief.

 

d)         If the reasonable accommodation request is outside of the Department Chief's scope of authority, the matter may be brought to the ADA Committee for consideration.

 

e)         The ADA Coordinator shall notify the complainant of his/her decision within 120 days.

 

Section 1750.50  Grievance − ADA Committee Level

 

a)         If the request for reasonable accommodation is not resolved to the satisfaction of the complainant, the complainant may submit a grievance to the ADA Committee within 15 days after receipt by the complainant of the ADA Coordinator's determination.

 

b)         The complainant shall submit a statement explaining the basis of the grievance and attach copies of any documents supporting the appeal.

 

c)         Within 30 days after the Committee's receipt of the complainant's submission, the ADA Committee may request that the complainant either appear in person or by a designated representative, or respond to pertinent questions in writing.  The Committee shall review and base its decision on the statements of the complainant, written materials submitted by the complainant, and the ADA Coordinator's response, and may conduct interviews and seek additional information, evidence and/or advice, as it deems appropriate.

 

d)         The ADA Committee shall approve, disapprove, or modify the recommendation of the ADA Coordinator and shall render a written decision within 30 days after meeting to decide the matter. The Committee shall state the reasons for its decision and shall serve by certified mail a copy upon the complainant and the ADA Coordinator. The ADA Coordinator shall be responsible for notifying the complainant of the decision of the ADA Committee.

 

e)         The grievance, the ADA 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 [5 ILCS 160] or as otherwise required by law.

 

Section 1750.60  Accessibility

 

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

 

Section 1750.70  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 to the program, service, or activity or undue hardship on the Tollway. 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 complainants should rely.

 

Section 1750.80  ADA Notice

 

A public notice shall be posted informing applicants, participants, beneficiaries and other interested persons of the Tollway's compliance with the ADA as applicable to the services, programs, or activities of the Tollway.