Ill. Admin. Code tit. 4, § 475.20 - General Provisions
a) The
Department shall promptly review grievances and consider any reasonable
requests for modification to its programs, services, or activities which
allegedly discriminate under the ADA on the basis of disability.
b) Each grievance or request for modification
shall be considered on a case-by-case basis, based on the unique set of factors
of each case which may include, but not be limited to:
1) The specific nature of the
disability;
2) The essential
eligibility requirements, the benefits to be derived, and the nature of the
program, service, or activity;
3)
The health, safety, or security of any person; and
4) Whether or not a modification would
constitute a fundamental alteration to the program, service, or activity or an
undue hardship on the Department.
c) Actions taken with regard to one grievance
or request for modification shall not necessarily constitute a precedent upon
which any other parties shall rely.
d) Employees and applicant shall make
requests for reasonable accommodation in accordance with internal procedures of
the Department which shall be available to employees and applicants. Grievances
of employees and applicants should be filed and processed in accordance with
this Part; however, nothing precludes an employee or applicant from filing a
grievance in accordance with personnel rules (80 Ill. Adm. Code 303) or
collective bargaining agreements. Any grievance filed by an employee or
applicant shall be investigated by an ADA Coordinator who shall make
recommendations regarding resolution of the grievance.
e) Grievances or requests for reasonable
modifications of committed persons shall be filed and processed in accordance
with 20 Ill. Adm. Code 504.Subpart F or G.
f) Grievances or requests for reasonable
modifications of the general public shall be filed and processed in accordance
with this Part.
g) The Department
shall take reasonable steps to ensure that the grievance procedures contained
in this Part and 20 Ill. Adm. Code 504.Subpart F or G are accessible to and
usable by individuals with disabilities.
Notes
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