Attorney General Lisa Madigan’s Disability Rights Bureau
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Transcript Attorney General Lisa Madigan’s Disability Rights Bureau
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
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What We Do
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Investigations
Technical Assistance
Training
Public Awareness
Committees
Legislation
Litigation
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Laws We Enforce
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Environmental Barriers Act
Americans with Disabilities Act
Illinois Human Rights Act
Fair Housing Amendments Act
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Investigation Process
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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:
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Recreation
Council meetings
Health care
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:
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Restaurants
Hotels
Retail stores
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
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Training for the Big Leagues
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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:
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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
• Consumer Fraud Bureau
o Identity Theft
o Healthcare Bureau
o Charitable Trusts
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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, 11th 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)
[email protected]
www.illinoisattorneygeneral.gov