TITLE 89: SOCIAL SERVICES
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AUTHORITY: Implementing the U.S. Constitution; 1964 Civil Rights Act, Titles VI and VIII (42 U.S.C. 2000d et seq. and 2000e et seq.); 1973 Rehabilitation Act, Sections 503 and 504 (29 U.S.C. 793 and 794); and The Age Discrimination Act (42 U.S.C. 6101 et seq.) and implementing and authorized by "AN ACT creating the Department of Children and Family Services, codifying its powers and duties, and repealing certain Acts and Sections herein named" (Ill. Rev. Stat. 1979, ch. 23, pars. 5001 et seq.).
SOURCE: Adopted and codified at 5 Ill. Reg. 5831, effective June 5, 1981; recodified at 18 Ill. Reg. 11510, effective July 11, 1994.
Section 308.10 Purpose
These rules describe the Department's policies to ensure that private providers receiving public funds and providing services to Department clients do not discriminate in their employment and service delivery practices. These rules also describe the means available to the Department and other appropriate government agencies for obtaining nondiscrimination assurances from providers, monitoring related contract provisions and terminating contracts when discrimination is indicated. Refer to Part 429, Equal Employment Opportunity Through the Department of Children and Family Services, and to Part 309, Review and Appeal Process, for descriptions of how the Department assures nondiscrimination in employment and service provision.
Section 308.20 Definitions
"Affirmative action", as in these rules, is the undertaking of specific personnel steps in recruiting, selecting, placing, transferring, promoting, and other basic terms and conditions of employment, for the purpose of eliminating present effects of past discrimination.
"Affirmative action exhibits" means affirmative action compliance reporting forms submitted by purchase of service providers to the Department, as specified by the Purchase of Service Contract.
"Civil rights compliance review" means a formal assessment conducted by the Department or other appropriate governmental agencies to determine whether the provider, directly or indirectly through its employees, has discriminated in service delivery or employment practices or failed to comply with any other laws or regulations related to the civil rights of individuals.
"Employment discrimination" or "discrimination", as used in these rules means any policy, procedure or practice which has an adverse effect on an applicant employee or group of employees with regard to their hiring, firing, compensation, terms, conditions, or privileges of employment, on the basis of race, color, religion, sex, national origin, age, or physical or mental handicap unrelated to ability.
"Purchase of service provider" means an agency or individual offering services to a Department client through a signed contract for paid services.