EQUIP FOR EQUALITY CONSORTIUM MEETING

October 22, 2014Office 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)

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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

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

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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

Common Complaints

• Parking• Entrances• Accessible route• Restrooms• Stairs/elevators• Sidewalks• Curb ramps

• Service animals• Employment

Investigation Process

• Complaint filed- reviewed at Bureau meeting– Confidential

• 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 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

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 Engineerso Architectso Building owners

• Local levelo Building Code Officials review plans prior to issuing building permits

• State levelo Capital Development Board charged with issuing interpretationso 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 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

Accessible Parking

Accessible Parking Signs

Accessible Space Must be Designated by an R7-8 SignReserved ParkingInternational Symbol of

AccessibilityArrow is optional

R7-I101 Fine SignMinimum $250 FineA 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 Standardso Courts and council meetingso Health careo Libraries

• New construction/alterations/additionso Standards for Accessible Design (ADAAG)

• Older buildingso Programmatic accessibility

Title III - ADA• Signed July 26, 1990. Effective date – January 26, 1992• Covers public accommodations

oPrivate entity that owns, operates, leases or leases to a place of public accommodation and they may include:o Restaurantso Hotelso Retail storeso Doctor’s offices

• New construction/alterations/additionso Standards for Accessible Design (ADAAG)

• Older buildingsoBarrier removal

o Correct to the extent readily achievable

ADA - Update• Americans with Disabilities Act

o ADA Standards for Accessible Designo September 15, 2010 – New standards published in the Federal

Registero 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:– Race– Color– Religion– Sex– Sexual orientation– National origin– Citizenship

– 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 Public accommodations o Employmento Real estateo Financial credito 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 OfficeOther Departments

• Consumer Fraud Bureauo Identity Thefto Health Careo Charitable Trusts

• Civil Rights Bureau• Crime Victim Services Division• Military and Veterans Rights Bureau• Seniors

Contact the Disability Rights Bureau

Chicago Office(312) 814-5684TTY: (800) 964-3013

Springfield Office(217) 524-2660TTY: (877) 844-5461

disabilityrights@atg.state.il.us

http://www.illinoisattorneygeneral.gov/rights/disabilityrights.html

Laura Paul, ChiefDisability Rights Bureau

Office of the Attorney General100 W. Randolph StreetChicago, Illinois 60601

(312) 814-3399(800) 964-3013 (TTY)lpaul@atg.state.il.us

www.illinoisattorneygeneral.gov