TITLE 4: DISCRIMINATION PROCEDURES
CHAPTER XXXVIII: DEPARTMENT OF EMPLOYMENT SECURITY
PART 1025
AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 1025.10 PURPOSES
Section 1025.10 Purposes
a) This Part establishes an Americans With Disabilities Act
Grievance Procedure pursuant to the Americans With Disabilities Act of 1990 (42
U.S.C. 12101 et seq.) (ADA), and specifically Section 35.107 of the Title II
regulations (28 CFR 35.107) requiring that a grievance procedure be established
to resolve grievances asserted by qualified individuals with disabilities.
Should any individual desire to review the ADA or its regulations to understand
the rights, privileges and remedies afforded by it, please contact the
Designated Coordinator.
b) In general, the ADA requires that each program, service and
activity offered by the Department of Employment Security (Department), when
viewed in its entirety, be readily accessible to and usable by qualified
individuals with disabilities.
c) It is the intent of the Department to foster open
communication with all individuals requesting ready access to programs,
services and activities. The Department encourages supervisors of programs,
services and activities to respond to requests for modifications before they
become grievances.
 | TITLE 4: DISCRIMINATION PROCEDURES
CHAPTER XXXVIII: DEPARTMENT OF EMPLOYMENT SECURITY
PART 1025
AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 1025.20 DEFINITIONS
Section 1025.20 Definitions
"Complainant" is an individual with a disability
who files a grievance form provided by the Department in accordance with this
Part.
"Designated Coordinator" is the person appointed by
the Department Director to coordinate the Department's efforts to comply with
and carry out its responsibilities under Title II of the ADA, including
investigation of grievances filed by complainants. The Designated Coordinator
for the Department may be contacted at 401 South State Street, Chicago,
Illinois 60605 or by telephone at 312-793-9290 (voice); 312-793-9350 (TDD).
"Director", wherever used herein, means the
Director of the Illinois Department of Employment Security or the Director's
Designee.
"Disability" means, with respect to an individual,
a physical or mental impairment that substantially limits one or more of the
major life activities of such individual; a record of such impairment; or being
regarded as having such an impairment.
"Grievance" is any complaint under the ADA by an
individual with a disability who meets the essential eligibility requirements
for participation in or receipt of the benefits of a program, activity or
service offered by the Department, and who believes he or she has been excluded
from participation in or denied the benefits of any program, service or
activity of the Department, or has been subject to discrimination by the
Department, on the basis of his or her disability.
"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 Department.
| TITLE 4: DISCRIMINATION PROCEDURES
CHAPTER XXXVIII: DEPARTMENT OF EMPLOYMENT SECURITY
PART 1025
AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 1025.30 PROCEDURE
Section 1025.30 Procedure
a) Grievances shall be submitted in accordance with the
procedures established in Sections 1025.40 and 1025.50 of this Part, in the
form and manner described, and within specified time limits. Time limits
established in this procedure are in calendar days, unless otherwise stated,
and may be extended by mutual agreement in writing by the complainant and the
reviewer at the Designated Coordinator and Final Levels.
b) A complainant's failure to submit a grievance, or to submit or
appeal it 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 given in the grievance procedure as the Department's final
response.
c) The Department shall, upon being informed of individual's
desire to file a formal grievance, instruct the individual how to receive a
copy of this procedure and the grievance form.
| TITLE 4: DISCRIMINATION PROCEDURES
CHAPTER XXXVIII: DEPARTMENT OF EMPLOYMENT SECURITY
PART 1025
AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 1025.40 DESIGNATED COORDINATOR LEVEL
Section 1025.40 Designated
Coordinator Level
a) If an individual desires to file a formal written grievance,
the individual shall promptly, but no later than 180 days after the alleged
discrimination, submit the grievance to the Designated Coordinator in writing
on the grievance form prescribed for that purpose. The Department shall accept
all complete grievance forms under this Section. If the complainant submits an
incomplete grievance form, the Department shall notify the complainant and
specify the additional information needed to complete the form. If the
complainant fails to complete and resubmit the grievance form with the
additional information requested within the aforesaid 180 day period, the
Department shall close the grievance. The grievance form shall include:
1) the complainant's name and, if applicable, address and
telephone number;
2) the best means and time for contacting the complainant;
3) the program, activity or service which was denied complainant
or in which alleged discrimination occurred;
4) the date and nature of the alleged denial or discrimination;
5) the signature of the complainant.
b) Upon request, assistance shall be provided by the Department
to complete the grievance form.
c) The Designated Coordinator or his representative shall
investigate the grievance and shall make reasonable efforts to resolve it. The
Designated Coordinator shall provide a written response to the complainant and
to the Director of the Department within ten (10) business days after receipt
of the grievance form.
| TITLE 4: DISCRIMINATION PROCEDURES
CHAPTER XXXVIII: DEPARTMENT OF EMPLOYMENT SECURITY
PART 1025
AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 1025.50 FINAL LEVEL
Section 1025.50 Final Level
a) If the grievance is not resolved to the satisfaction of the
complainant at the Designated Coordinator Level, the complainant may submit a
copy of the grievance form and Designated Coordinator's response to the
Director of the Department for final review. The complainant shall submit
these documents to the Director, together with a short written statement
explaining the reason(s) for dissatisfaction with the Designated Coordinator's
written response, within five (5) business days after receipt by the complainant
of the Designated Coordinator's response.
b) The complainant shall be afforded an opportunity to appear
before the Director. The complainant shall have a right to appoint a
representative to appear on his or her behalf. The Director shall review the
Designated Coordinator's written response and may conduct interviews and seek
advice as the Director deems appropriate.
c) The Director shall approve, disapprove or modify the
recommendations of the Designated Coordinator, shall render a decision thereon
in writing within thirty (30) days, shall state the basis therefor, and shall
cause a copy of the decision to be served on the parties. The Director's
decision shall be final. If the Director disapproves or modifies the Designated
Coordinator's recommendations, the Director shall include written reasons for
such disapproval or modification.
d) The grievance form, the Designated Coordinator's response, the
statement of the reasons for dissatisfaction, and the decision of the Director
shall be maintained in accordance with the State Records Act (Ill. Rev. Stat.
1991, ch. 116, par. 43.4 et seq.) [5 ILCS 160/1 et seq.] or as otherwise
required by law.
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CHAPTER XXXVIII: DEPARTMENT OF EMPLOYMENT SECURITY
PART 1025
AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 1075.60 ACCESSIBILITY
Section 1075.60
Accessibility
The Department shall ensure that
all stages of the procedure are readily accessible to and usable by individuals
with disabilities.
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CHAPTER XXXVIII: DEPARTMENT OF EMPLOYMENT SECURITY
PART 1025
AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 1075.70 CASE-BY-CASE RESOLUTION
Section 1075.70 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
Department. 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.
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