Illinois Administrative Code › Title 4 - DISCRIMINATION PROCEDURES › Part 1725 - AMERICANS WITH DISABILITIES ACT AND CIVIL RIGHTS PROGRAM GRIEVANCE PROCEDURE › Subpart A - GENERAL RULES › Section 1725.10 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"ADA" is the Americans With Disabilities Act of 1990 [
				  42 USC 12101
				  et seq.].
"ADA/Civil Rights Program Coordinator" or "Coordinator" is
				  the employee, or other designated individual, appointed by the Director who is
				  responsible for the coordination of efforts at the Department to comply with
				  and carry out its responsibilities under Title II of the ADA and other federal
				  and State civil rights laws. The ADA/Civil Rights Program Coordinator can be
				  contacted through the main office of the Department at 421 East Capitol Avenue,
				  #100, Springfield , Illinois 62701-1789.
"Complainant" is a qualified individual with a disability or
				  a protected person who files a timely grievance based on either the denial of a
				  request for reasonable accommodation or allegations of discrimination on the
				  intake form set out in Appendix A in accordance with the procedures in this
				  Part.
"Department" means the Illinois Department on Aging.
"Director" means the Director of the Department.
"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 a request
				  for reasonable accommodation under the ADA, or a complaint of alleged
				  discrimination under other federal and State civil rights laws, that is made by
				  an individual with a disability or a protected person who meets the essential
				  eligibility requirements for participation in or receipt of the benefits of a
				  program, service, or activity offered by the Department, and who:
believes that he or she has been excluded from participation
				  in, or denied the benefits of, any program, service, or activity of the
				  Department on the basis of his or her disability; or
has been subject to discrimination by the Department on the
				  basis of protected classification characteristics under federal or State civil
				  rights law. Programs, services, or activities of the Department include those
				  administered by entities on behalf of the Department under a contract, a grant,
				  or any other legally binding agreement.
"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, genitourinary, 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.)
"Protected person" means an individual who is protected
				  against discrimination under federal and State civil rights laws based on
				  classification characteristics such as age; ancestry, citizenship, color,
				  national origin or race; creed or religion; disability; familial status,
				  gender, sex, or sexual orientation; military status or unfavorable discharge
				  from military service; or retaliation for having opposed an unlawful practice;
				  and meets the essential eligibility requirements for the receipt of services or
				  the participation in programs or activities provided by the Department.
"Qualified individual with a disability" means an individual
				  with a disability who, with or without a reasonable accommodation 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. (See
				  28
				  CFR 35.104.)
"Reasonable accommodation" means modifications or adjustments
				  to programs, services, or activities that enable a qualified individual with a
				  disability to participate in, or enjoy the benefits of, those programs,
				  services, or activities.
"Undue hardship" means, with respect to the provision of an
				  accommodation, significant difficulty or expense incurred by the
				  Department.