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					  CONSORTIUM MEETING
           October 26, 2011
Office of the Illinois Attorney General
               Who We Are
• Only Disability Rights Bureau in nation

• Offices in Chicago and Springfield

• Attorneys, Disability Specialists, Policy
  Advisors, Paralegals, Law Clerks and
  Interns


                       2
               What We Do
•   Investigations
•   Technical Assistance
•   Training
•   Public Awareness
•   Committees
•   Legislation
•   Litigation

                       3
            Laws We Enforce

•   Environmental Barriers Act
•   Americans with Disabilities Act
•   Illinois Human Rights Act
•   Fair Housing Amendments Act




                      4
          Investigation Process
•   Filing
•   Investigation
•   Voluntary Compliance
•   Litigation
              When to File?
• Facility or parking is not physically
  accessible
• Denied participation in programs or denied
  services
• Discriminated against in housing or
  employment
• If any doubt, file and we’ll help you find the
  right agency or organization
    Environmental Barriers Act
• 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.
    Environmental Barriers Act
• Public Use Facilities – newly constructed or
  altered
  o Restaurants
  o Grocery Stores
  o Gas Stations
  o Court Houses
  o Theaters
  o Hotels
  o Sports Facilities
• Newly Constructed Multi-story Housing
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.
 Scope of Illinois Accessibility Code
• Public Facilities
   o Private clubs and religious facilities
• Alterations
• Additions
• Housing which consists of 4 or more stories and
  ten or more units
• Specific Facilities – Additional Requirements
            Environmental Barriers Act

• The Attorney General has civil enforcement authority

   o Injunctive relief – require construction or halt construction to achieve
     compliance

   o Fines – up to $250 per day for every day that a facility is out of
     compliance

   o Architect and engineers – suspension or revocation of license

   o Building permit official – up to $1000

   o Other appropriate relief
         Housing and EBA
• Multi-Story Housing
  o Applies only to buildings constructed after
    May 1, 1988
  o 4 or more stories AND at least 10 dwelling
    units
• Government Housing
  o 5 or more units on site
• Fair Housing Act may apply to others
   Government leasing section in the
                EBA

• Governmental Unit: The State…including any
  county, town, township, city, village, municipality,
  school district, park district…, local housing
  authority, public commission, etc. IAC §400.210
  Definitions - Pg. 17
• No governmental unit may enter into a new or
  renewal agreement to lease, rent or use, in whole or
  in part…any building…that does not comply with the
  standards. EBA §25/5(e) - Pg. 163
                            ADA
• Americans with Disabilities Act
   o Title I – Employment

   o Title II – State and local government

   o Title III – Public accommodations and commercial
                facilities

   o Title IV – Telecommunications

   o Title V – Miscellaneous
                  Title II - ADA
• Effective date – January 26, 1992
• Covers all activities of State and local government
   o Programs, services and activities may include:
       o   Recreation
       o   Council meetings
       o   Health care
       o   Courts
o New construction/alterations/additions
   o Standards for Accessible Design (ADAAG)
• Older buildings
   o Programmatic accessibility
                  Title III - ADA
• 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   Restaurants
       o   Hotels
       o   Retail stores
       o   Doctor’s offices
• New construction/alterations/additions
   o Standards for Accessible Design (ADAAG)
• Older buildings
   o Barrier removal
       o Readily achievable
              Federal Buildings
• Federal buildings
   o General Services Administration
       o Architectural Barriers Act
       o Exempt from State and Local Building Codes
           o However, do review to determine if state/local codes
             are more stringent.


• Post Offices
   o US Access Board
                    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 (Sept. 15, 2010 and March 15, 2012)
     covered entities may choose to use either standard,
     but the must use one or the other in its entirety.
             Service Animals
• Any dog individually trained to do work or
  perform a task for the benefit of an
  individual with a disability
  o All breeds and weights
• Miniature horses – must make reasonable
  modifications to allow them



                       28
Training for the Big Leagues




             29
         Illinois Human Rights Act
• Prohibits discrimination   – Ancestry
  on basis of disability,    – Age
  among others:              – Marital status
  –   Race                   – Familial status
  –   Color                  – Military status
  –   Religion               – Order of protection
  –   Sex                      status
  –   Sexual orientation     – Arrest record
  –   National origin
  –   Citizenship
          Illinois Human Rights Act
• AG has jurisdiction when pattern or practice of
  discrimination
• Covers these areas:
   o   Public Accommodations
   o   Employment
   o   Real Estate
   o   Financial Credit
   o   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
• Consumer Fraud Bureau
    o Identity Theft
    o Healthcare Bureau
    o Charitable Trusts
•   Civil Rights Bureau
•   Crime Victims Bureau
•   Military/Veterans Bureau
•   Seniors
 Office of the Attorney General
    Disability Rights Bureau
 James R. Thompson Center
 100 W. Randolph, 11 th Floor
     Chicago, Illinois 60601
        312/814-5684 (v)
       800/964-3013 (tty)
www.illinoisattorneygeneral.gov
       Nicki Bazer, Chief
 Office of the Attorney General
    Disability Rights Bureau
    100 W. Randolph Street
     Chicago, Illinois 60601
         312/814-3399
       800/964-3013 (tty)
     nbazer@atg.state.il.us
www.illinoisattorneygeneral.gov

				
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