Ill. Admin. Code tit. 77, § 2030.1205 - Civil Rights/Nondiscrimination
a) The fund recipient shall comply with Title
VI and VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000 d and 2000e et
seq.); Section 503 and 504 of the Rehabilitation Act of 1973 (
29 U.S.C.
793 and
794
); the Illinois Human Rights Act (Ill. Rev. Stat. 1989, ch. 68, pars. 1-101 et
seq.); all requirements imposed by the applicable Health, Education and Welfare
Regulation ( 45 CFR 84,(1984) ); The Americans with Disabilities Act of 1990 (
42 U.S.C.
12101 ); the Secretary of Labor ( 20 CFR
741(1984) ); The Americans with Disabilities Act of 1990 (
42 U.S.C.
12101 ); the U.S. Constitution; the
Constitution of the State of Illinois; any laws, regulations or orders, state
and federal, which prohibit discrimination in employment and service delivery
on the grounds of race, sex, marital status, color, religion, national origin,
age, the inability to speak or comprehend the English language, or by reasons
of any physical or mental handicap. The fund recipient also shall engage in an
affirmative action program, as required by State and federal law, regulations
or orders.
b) Distinctions on the
grounds of race, color, creed, sex, national origin, age, the inability to
speak or comprehend the English language or by reasons of any physical or
mental handicap include but are not limited to the following:
1) Denying a participant any service, benefit
or availability of a facility on the grounds of race, color, creed, sex,
national origin, age, the inability to speak or comprehend the English language
or by reason of any physical or mental handicap;
2) Providing any service or benefit to a
participant which is different, or is provided at a different time, from that
provided to other participants under the terms of the award unless the
adjustment of regular programs or the provision of different programs is
necessary to meet the individual needs of handicapped persons to the same
extent as the non-handicapped where such individual needs necessitate the
adjustment of regular programs or the provision of different
programs;
3) Subjecting a
participant to segregation or separate treatment in any matter related to
his/her receipt of any service;
4)
Restricting a participant in any way in the enjoyment of any advantage or
privilege enjoyed by others receiving any service or benefit;
5) Treating a participant differently from
others in determining whether he satisfies admission requirements, enrollment
quotas, eligibility, membership, or other requirements or conditions which
individuals must meet in order to be provided any service or benefit;
6) Assigning times or places for the
provision of services on the basis of race, sex, marital status, color,
religion, national origin, age, the inability to speak or comprehend the
English language, or by reasons of any physical or mental handicap.
c) Upon receipt of a complaint of
discrimination against a provider, the Department shall report such complaint
to the appropriate State and Federal authorities. Upon notification of a
determination by such authorities that the provider has engaged in
discriminatory practices, the Department shall have the right to terminate the
award under Section
2030.1010.
d) A recipient will include verbatim or
incorporate by reference the provisions of this Section in every subaward so
that such provisions will be binding upon every such subprovider. The provider
will be liable for compliance with applicable provisions of this Section by its
subproviders. In addition, the provider will immediately notify the Department
and the Illinois Department of Human Rights in the event any subprovider fails
or refuses to comply with this Section. No provider will utilize any
subprovider declared by the Illinois Department of Human Rights to be
nonresponsible and therefore ineligible for contracts or subawards with the
State of Illinois or any its political subdivisions or municipal
corporations.
e) Notwithstanding
anything contained in this Section to the contrary, the Department and the
provider may develop or operate programs or services which are designed to meet
the needs of special population groups.
Notes
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