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EQUIP FOR EQUALITY CONSORTIUM MEETING October 22, 2014 Office of the Illinois Attorney General

EQUIP FOR EQUALITY CONSORTIUM MEETING October 22, 2014 Office of the Illinois Attorney General. What We Will Cover. The Disability Rights Bureau at the Illinois Attorney General’s Office Filing complaints Laws the Disability Rights Bureau enforces

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EQUIP FOR EQUALITY CONSORTIUM MEETING October 22, 2014 Office of the Illinois Attorney General

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  1. EQUIP FOR EQUALITY CONSORTIUM MEETING October 22, 2014 Office of the Illinois Attorney General

  2. What We Will Cover • The Disability Rights Bureau at the Illinois Attorney General’s Office • Filing complaints • Laws the Disability Rights Bureau enforces • Discussion and Questions- looking to the future

  3. What We Do • Work to protect the rights of people with disabilities to equal access in all aspects of life • Increase physical accessibility to facilities • Address disability discrimination (through policies or practices)

  4. Disability Rights Bureau:Who We Are • Only Disability Rights Bureau in nation • Bureau staff are located in Chicago and Springfield with investigations statewide • 3 attorneys, 4 disability specialists, 1 policy advisor, 1 paralegal, law clerks and an administrative assistant

  5. Actions in the Disability Rights Bureau • Investigations (currently over 270 open) • Technical assistance lines (approximately 100 calls per month) • Trainings throughout the state • Public awareness • Committees • Legislation • Litigation

  6. Disability Rights Bureau Respond to complaints of inaccessibility and other forms of disability discrimination by enforcing state and federal laws to protect the rights of people with disabilities Through our investigations, seek voluntary compliance to avoid litigation when possible Provide information and support to entities as they make corrections to remedy accessibility violations

  7. Laws We Enforce • Environmental Barriers Act and its implementing regulations, the Illinois Accessibility Code (IAC) • Americans with Disabilities Act and the Standards for Accessible Design • Illinois Human Rights Act • Fair Housing Amendments Act

  8. Common Complaints • Parking • Entrances • Accessible route • Restrooms • Stairs/elevators • Sidewalks • Curb ramps • Service animals • Employment

  9. Investigation Process • Complaint filed- reviewed at Bureau meeting • Confidential • Open for investigation • Voluntary compliance • Settlement • Compliance review • Litigation

  10. When to File a Complaint with Our Bureau • Facility or parking is not physically accessible • Denied participation in programs or denied services • Discriminated against in housing or employment • If in doubt, file and we’ll help you find the right agency or organization to help you if we can’t

  11. What the Bureau Doesn’t Do • Don’t represent individuals • Don’t obtain monetary damages for individuals • Illinois Department of Human Rights takes individual cases

  12. Illinois Environmental Barriers Act400 ILCS 25 • Governs physical access for people with disabilities • Its implementing regulation, the Illinois Accessibility Code (IAC), dictates the minimum requirements for accessibility to public and private facilities located in Illinois • Applies to new construction, additions and alterations

  13. When EBA Applies • Effective Sept. 25, 1985, applies to new construction, additions or alterations • Including parking • Standards are in the Illinois Accessibility Code • May 1, 1988 • IAC was revised in 1997 and currently is in the process of another revision for further alignment with the ADA 2010 Standards

  14. To Whom Does the Illinois Environmental Barriers Act Apply? • Public Use Facilities – Employees are considered the Public in the IAC • Stores • Restaurants & bars • Theaters • Medical facilities • Religious facilities, etc. • Government facilities • Police stations, city halls, libraries, etc.

  15. Who is Responsible? • Owner of facility • Tenant that leases facility • Architects and engineers

  16. Who’s Who with Regard to the EBA/IAC • Private sector • Engineers • Architects • Building owners • Local level • Building Code Officials review plans prior to issuing building permits • State level • Capital Development Board charged with issuing interpretations • Attorney General’s Office charged with investigation of complaints and legal enforcement

  17. Parking • Required number of accessible parking spaces based on total spaces • Located on shortest route to accessible entrance • Dispersed when multiple accessible entrances • Curb ramp cannot go into parking space • Cannot be obstructed by shopping carts, garden displays, ice or snow, other objects

  18. When Are Accessible Spaces Required? • Employee or visitor parking lots • Apartment or housing complex lots • Tenant-only parking • Reasonable accommodation space • Illinois Human Rights Act • Federal Fair Housing Act • On-street parking • No requirement in the Illinois Accessibility Code • Possible requirement under IDOT regulations • Program and/or service request under Title II

  19. Number of Accessible Spaces Required

  20. Striping, Size and Markings • An accessible parking space must be a total of 16 feet wide • A space may consist of an 8-foot wide vehicle space and an 8-foot wide diagonally striped access aisle; or • A space may consist of an 11-foot wide vehicle space and a 5-foot wide diagonally striped access aisle

  21. Accessible Parking

  22. Accessible Parking Signs • Accessible Space Must be Designated by an R7-8 Sign • Reserved Parking • International Symbol of Accessibility • Arrow is optional • R7-I101 Fine Sign • Minimum $250 Fine • A municipality by ordinance can set a higher fine amount up to $350.

  23. Parking signs continued… • Sign location • Maximum 5 foot from the front of the accessible parking space. • Mount on a wall or post at the front center of the parking space • Sign height • Minimum 5 foot from finished grade to the bottom of the R7-8 sign.

  24. What’s Wrong Here?

  25. Entrances • At least 50% of all public entrances must be accessible • Ramps • Accessible doors • Automatic doors not required • Inaccessible entrances need signs indicating nearest accessible entrance

  26. Directional Signage

  27. Illinois vs. Federal • IAC scoping includes: • Private facilities • Religious entities • Housing • State/local government • IAC has no private right of action • More stringent requirements: • Elevators • Parking • Entrance door weight

  28. Signed July 26, 1990. Effective date – January 26, 1992 Covers all activities of government Programs, services and activities may include: Recreation – broadened in the 2010 Standards Courts and council meetings Health care Libraries New construction/alterations/additions Standards for Accessible Design (ADAAG) Older buildings Programmatic accessibility Title II - ADA

  29. Signed July 26, 1990. Effective date – January 26, 1992 Covers public accommodations Private entity that owns, operates, leases or leases to a place of public accommodation and they may include: Restaurants Hotels Retail stores Doctor’s offices New construction/alterations/additions Standards for Accessible Design (ADAAG) Older buildings Barrier removal Correct to the extent readily achievable Title III - ADA

  30. Americans with Disabilities Act ADA Standards for Accessible Design September 15, 2010 – New standards published in the Federal Register March 15, 2012 – New standards must be used in all new construction, alterations and renovations In the time between the publication date and full compliance date (September 15, 2010 and March 15, 2012), covered entities may choose to use either standard, but they must use one or the other in its entirety ADA - Update

  31. Service Animals at Work

  32. Service Animals • Definition • Limits the species of service animals to dogs (exception: miniature horses) • Makes clear that individuals with physical, sensory, psychiatric or other mental disabilities can use service animals • Covered entities • Must permit service animals • Are not responsible for the care and supervision of the animal • May not require people with disabilities to pay pet fees or surcharges

  33. Service Animals • Permissible inquiries • Only two may be made by covered entities: • Whether the animal is required because of a disability • What work or task the animal has been trained to perform • Generally, inquiries may not be made when it is readily apparent that an animal is trained to do work or perform tasks for an individual with a disability

  34. Service Animals • Requires animal to be under handler’s control • When can service animals be excluded? • The animal is out of control and the handler does not take effective action to control it • The animal is not housebroken • The animal poses a direct threat to the health and safety of others • Guidelines • If the person has a service animal, walk on the side opposite the animal • Don’t pet the animal while it is working, as it needs to concentrate

  35. Examples of Service Animal Tasks Guide individuals with impaired vision Assist before or during a seizure Alert people who are deaf or hard of hearing to sounds Pull a wheelchair Alert to the presence of allergens Retrieve items such as medicine or a phone Provide physical support or assist with balance Prevent or interrupt impulsive/destructive behavior

  36. Miniature Horses

  37. Illinois Human Rights Act • Prohibits discrimination on basis of disability, among others: • Race • Color • Religion • Sex • Sexual orientation • National origin • Citizenship • Ancestry • Age • Marital status • Familial status • Military status • Order of protection status • Arrest record

  38. Illinois Human Rights Act • AG has jurisdiction when pattern or practice of discrimination • Covers these areas: • Public accommodations • Employment • Real estate • Financial credit • Education • Applies to government and government officials • Also prohibits retaliation for complaining about discrimination

  39. Fair Housing Act • Prohibits discrimination in housing • Requires accommodations and modifications • Physical design and construction requirements

  40. Illinois Attorney General’s OfficeOther Departments • Consumer Fraud Bureau • Identity Theft • Health Care • Charitable Trusts • Civil Rights Bureau • Crime Victim Services Division • Military and Veterans Rights Bureau • Seniors

  41. Contact the Disability Rights Bureau Chicago Office (312) 814-5684 TTY: (800) 964-3013 Springfield Office (217) 524-2660 TTY: (877) 844-5461 disabilityrights@atg.state.il.us http://www.illinoisattorneygeneral.gov/rights/disabilityrights.html

  42. Laura Paul, Chief Disability Rights Bureau Office of the Attorney General 100 W. Randolph Street Chicago, Illinois 60601 (312) 814-3399 (800) 964-3013 (TTY) lpaul@atg.state.il.us www.illinoisattorneygeneral.gov

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