Disability Rights Bureau

Report
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
• Discussion and Questions- looking to the future
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)
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
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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
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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
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
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Common Complaints
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Parking
Entrances
Accessible route
Restrooms
Stairs/elevators
Sidewalks
• Curb ramps
• Service animals
• Employment
Investigation Process
• Complaint filed- reviewed at Bureau meeting
– Confidential
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Open for investigation
Voluntary compliance
Settlement
Compliance review
Litigation
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
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
Illinois Environmental Barriers Act
400 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
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
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.
Who is Responsible?
• Owner of facility
• Tenant that leases facility
• Architects and engineers
Who’s Who with Regard to the
EBA/IAC
• Private sector
o Engineers
o Architects
o Building owners
• Local level
o Building Code Officials review plans prior to issuing building permits
• State level
o Capital Development Board charged with issuing interpretations
o Attorney General’s Office charged with investigation of complaints and
legal enforcement
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
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
Number of Accessible Spaces Required
TOTAL OFF-STREET SPACES PROVIDED
NUMBER OF ACCESSIBLE PARKING SPACES
REQUIRED
1 TO 25
1
26 TO 50
2
51 TO 75
3
76 TO 100
4
101 TO 150
5
151 TO 200
6
201 TO 300
7
301 TO 400
8
401 TO 500
9
501 TO 1,000
2% OF TOTAL #
OVER 1,000
20 PLUS 1 FOR EACH 100 OVER 1,000
Striping, Size and Markings
• An accessible parking
space must be a total of 16
feet wide
– A space may consist of an 8foot 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
Accessible Parking
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.
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.
What’s Wrong Here?
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
Directional Signage
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
Title II - ADA
• Signed July 26, 1990. Effective date – January 26, 1992
• Covers all activities of government
o Programs, services and activities may include:
o Recreation – broadened in the 2010 Standards
o Courts and council meetings
o Health care
o Libraries
• New construction/alterations/additions
o Standards for Accessible Design (ADAAG)
• Older buildings
o Programmatic accessibility
Title III - ADA
• Signed July 26, 1990. Effective date – January 26, 1992
• Covers public accommodations
o Private entity that owns, operates, leases or leases to a place
of public accommodation and they may include:
o
o
o
o
Restaurants
Hotels
Retail stores
Doctor’s offices
• New construction/alterations/additions
o Standards for Accessible Design (ADAAG)
• Older buildings
o Barrier removal
o Correct to the extent readily achievable
ADA - Update
• Americans with Disabilities Act
o ADA Standards for Accessible Design
o September 15, 2010 – New standards published in the Federal
Register
o 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
Service Animals at Work
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
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
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
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
Miniature Horses
Illinois Human Rights Act
• Prohibits discrimination
on basis of disability,
among others:
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Race
Color
Religion
Sex
Sexual orientation
National origin
Citizenship
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Ancestry
Age
Marital status
Familial status
Military status
Order of protection
status
– Arrest record
Illinois Human Rights Act
• AG has jurisdiction when pattern or practice of
discrimination
• Covers these areas:
o
o
o
o
o
Public accommodations
Employment
Real estate
Financial credit
Education
• Applies to government and government officials
• Also prohibits retaliation for complaining about
discrimination
Fair Housing Act
• Prohibits discrimination in housing
• Requires accommodations and modifications
• Physical design and construction requirements
Illinois Attorney General’s Office
Other Departments
• Consumer Fraud Bureau
o Identity Theft
o Health Care
o Charitable Trusts
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Civil Rights Bureau
Crime Victim Services Division
Military and Veterans Rights Bureau
Seniors
Contact the Disability Rights Bureau
Chicago Office
(312) 814-5684
TTY: (800) 964-3013
Springfield Office
(217) 524-2660
TTY: (877) 844-5461
[email protected]
http://www.illinoisattorneygeneral.gov/rights/disabilityrights.html
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)
[email protected]
www.illinoisattorneygeneral.gov

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