Section 2110.10  Purposes

 

a)         This grievance procedure is established pursuant to the Americans with Disabilities Act of 1990 (42 USC 12101 et seq.) (ADA) and specifically Section 35.107 of the Title II regulations, 28 CFR 35, requiring that a grievance procedure be established to resolve grievances asserted by qualified individuals with disabilities.  Should any individual desire to review the ADA or its regulations to understand the rights, privileges and remedies afforded by it, please contact Healthcare and Family Services' ('HFS') 504/ADA Coordinator.

 

b)         In general, the ADA requires that each program, service and activity offered by HFS, when viewed in its entirety, be readily accessible to and usable by qualified individuals with disabilities.

 

c)         It is the intention of HFS to foster open communication with all individuals requesting readily accessible programs, services and activities.  HFS encourages supervisors of programs, services and activities to respond to requests for modifications before they become grievances.

 

Section 2110.20  Definitions

 

"Act" or "ADA" means the Americans with Disabilities Act of 1990 (42 USC 12101 et seq.).

 

"Complainant" is an individual with a disability who files a Grievance Form provided by HFS under this procedure.

 

"504/ADA Coordinator" is the person appointed by the Director who is responsible for coordination of efforts of HFS to comply with and carry out its responsibilities under Title II of the ADA, including investigation of grievances filed by complainants.  The 504/ADA Coordinator may be contacted at 401 South Clinton, Chicago, IL 60607.  (See 28 CFR 35.107)

 

"Chief Equal Employment Opportunity/Affirmative Action Officer" means the Chief EEO/AA Officer of HFS.

 

"Disability" shall have the same meaning set forth in the Americans with Disabilities Act.

 

"Grievance" is any complaint under the ADA that is reduced to writing by an individual with a disability who meets the essential eligibility requirements for participation in or receipt of the benefits of a program, activity or service offered by HFS and believes he or she has been excluded from participation in, or denied the benefits of, any program, service or activity of HFS or has been subject to discrimination by HFS.

 

"Grievance Form" is prescribed for the purpose of filing a grievance under this Part and includes information such as name, address, phone number, nature of the grievance, with specificity, including date of incident, time, place and witnesses if applicable.

 

"Qualified individual with a disability" shall have the same meaning set forth in the Americans with Disabilities Act.

 

Section 2110.30  Procedure

 

a)         Grievances must be submitted in accordance with procedures established in Sections 2110.40 and 2110.50 of this Part.  It is mutually desirable and beneficial that grievances be satisfactorily resolved in a prompt manner.  Time limits established in this procedure are in calendar days, unless otherwise stated, and may be extended by mutual agreement, in writing, by the complainant and the reviewer, at the 504/ADA Coordinator and/or the Final Level described in Sections 2110.40 and 2110.50.

 

b)         A Complainant's failure to submit a grievance, or to submit or appeal it to the next level of procedure within the specified time limits, shall mean that the complainant has withdrawn the grievance or has accepted the last response from HFS given in the grievance procedure.

 

c)         HFS shall, upon being informed of individual's desire to file a formal grievance, instruct the individual how to receive a copy of this procedure and the Grievance Form.

 

Section 2110.40  504/ADA Coordinator Level

 

a)         If an individual desires to file a grievance, the individual shall promptly, but no later than 180 days after the alleged discrimination, submit the grievance to the 504/ADA Coordinator in writing on the Grievance Form prescribed for that purpose.  The Grievance Form must be completed in full in order to receive proper consideration by the 504/ADA Coordinator.

 

b)         Upon request, assistance in completing the Grievance Form shall be provided by HFS.

 

c)         The 504/ADA Coordinator, or the 504/ADA Coordinator's representative, shall investigate the grievance and, if the grievance is found to be valid, shall make reasonable efforts to resolve it.  The 504/ADA Coordinator shall provide a written response to the Complainant and Chief EEO/AA Officer within 15 business days after receipt of the Grievance Form.

 

Section 2110.50  Final Level

 

a)         If the grievance is not resolved at the 504/ADA Coordinator Level to the satisfaction of the Complainant, the Complainant may submit a copy of the Grievance Form and 504/ADA Coordinator's response to the Chief EEO/AA Officer for final review.  The Complainant shall submit these documents to the Chief EEO/AA Officer, together with a short written statement explaining the reasons for dissatisfaction with the 504/ADA Coordinator's written response, within 15 business days after receipt by the Complainant of the 504/ADA Coordinator's response.

 

b)         Within 15 business days, the Chief EEO/AA Officer shall appoint a three-member panel to review the grievance at the Final Level.  One member shall be 504/ADA chairperson.  The panel shall schedule a review of the grievance, which shall commence no later than 15 business days after the last member of the panel is appointed.

 

c)         Complainant shall be afforded an opportunity to appear before the panel. Complainant shall have a right to appoint a representative to appear on the Complainant's behalf.  The panel shall review the 504/ADA Coordinator's written response and may conduct interviews and seek advice as it deems appropriate.

 

d)         Upon agreement of at least two of the panel members, but not later than 15 business days after the review described in subsection (b), the panel shall make recommendations in writing to the Chief EEO/AA Officer as to the proper resolution of the grievance.  All recommendations shall include reasons for such recommendations and shall bear the signatures of the concurring panel members. A dissenting member of the panel may make a recommendation to the Chief EEO/AA Officer in writing and shall sign the recommendation.

 

e)         Within 15 business days after receipt of recommendations from a panel, the Chief EEO/AA Officer or designee shall: approve, disapprove or modify the panel recommendations; render a decision on those recommendations in writing; state the basis for the decision; and cause a copy of the decision to be served on the parties. The Chief EEO/AA Officer's decision shall be final.  If the Chief EEO/AA Officer disapproves or modifies the panel's recommendations, the Chief EEO/AA Officer may include written reasons for that disapproval or modification.

 

f)         The Grievance Form, the 504/ADA Coordinator's response, the Complainant's statement of the reasons for dissatisfaction, the recommendations of the panel, and the decision of the Chief EEO/AA Officer shall be maintained in accordance with the State Records Act [5 ILCS 160] or as otherwise required by law.

 

Section 2110.60  Accessibility

 

HFS shall ensure that all stages of the grievance procedure are readily accessible to and usable by individuals with disabilities.

 

Section 2110.70  Case-By-Case Resolution

 

Each grievance involves a unique set of factors that includes but is not limited to:  the specific nature of the disability; the essential eligibility requirements, the benefits to be derived, and the nature of the service, program or activity at issue; the health and safety of others; and whether an accommodation would constitute a fundamental alteration to the program, service or activity or undue hardship on HFS.  Accordingly, termination of a grievance at any level, whether through the granting of relief or otherwise, shall not constitute a precedent on which any other Complainants should rely.