CONSORTIUM MEETINGOctober 26, 2011

Office of the Illinois Attorney General

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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

• Investigations• Technical Assistance• Training• Public Awareness• Committees• Legislation• Litigation

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Laws We Enforce

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

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 alteredo Restaurantso Grocery Storeso Gas Stationso Court Houseso Theaterso Hotelso Sports Facilities

• Newly Constructed Multi-story Housing

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 interpretations.o Attorney General’s Office charged with investigation of

complaints and legal enforcement.

Scope of Illinois Accessibility Code

• Public Facilitieso 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 Housingo Applies only to buildings constructed after

May 1, 1988o 4 or more stories AND at least 10 dwelling

units

• Government Housingo 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

oPrograms, services and activities may include:o Recreationo Council meetingso Health careo Courts

o New construction/alterations/additionsoStandards for Accessible Design (ADAAG)

• Older buildingsoProgrammatic accessibility

Title III - ADA

• 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/additionsoStandards for Accessible Design (ADAAG)

• Older buildingsoBarrier removal

o Readily achievable

Federal Buildings

• Federal buildingsoGeneral 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 OfficesoUS Access Board

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 (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.

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Service Animals

• Any dog individually trained to do work or perform a task for the benefit of an individual with a disabilityo All breeds and weights

• Miniature horses – must make reasonable modifications to allow them

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Training for the Big Leagues

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• Consumer Fraud Bureau

o Identity TheftoHealthcare BureauoCharitable Trusts

• Civil Rights Bureau• Crime Victims Bureau• Military/Veterans Bureau• Seniors

Office of the Attorney GeneralDisability Rights Bureau

James R. Thompson Center100 W. Randolph, 11th Floor

Chicago, Illinois 60601312/814-5684 (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