Ill. Admin. Code tit. 77 § 2030.1205

Current through Register Vol. 48, No. 44, November 1, 2024

Section 2030.1205 - Civil Rights/Nondiscrimination

a) The fund recipient shall comply with Title VI and VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000 d and 2000e et seq.); Section 503 and 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 793 and 794 ); the Illinois Human Rights Act (Ill. Rev. Stat. 1989, ch. 68, pars. 1-101 et seq.); all requirements imposed by the applicable Health, Education and Welfare Regulation ( 45 CFR 84,(1984)); The Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101); the Secretary of Labor ( 20 CFR 741(1984)); The Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101); the U.S. Constitution; the Constitution of the State of Illinois; any laws, regulations or orders, state and federal, which prohibit discrimination in employment and service delivery on the grounds of race, sex, marital status, color, religion, national origin, age, the inability to speak or comprehend the English language, or by reasons of any physical or mental handicap. The fund recipient also shall engage in an affirmative action program, as required by State and federal law, regulations or orders.

b) Distinctions on the grounds of race, color, creed, sex, national origin, age, the inability to speak or comprehend the English language or by reasons of any physical or mental handicap include but are not limited to the following:

1) Denying a participant any service, benefit or availability of a facility on the grounds of race, color, creed, sex, national origin, age, the inability to speak or comprehend the English language or by reason of any physical or mental handicap;

2) Providing any service or benefit to a participant which is different, or is provided at a different time, from that provided to other participants under the terms of the award unless the adjustment of regular programs or the provision of different programs is necessary to meet the individual needs of handicapped persons to the same extent as the non-handicapped where such individual needs necessitate the adjustment of regular programs or the provision of different programs;

3) Subjecting a participant to segregation or separate treatment in any matter related to his/her receipt of any service;

4) Restricting a participant in any way in the enjoyment of any advantage or privilege enjoyed by others receiving any service or benefit;

5) Treating a participant differently from others in determining whether he satisfies admission requirements, enrollment quotas, eligibility, membership, or other requirements or conditions which individuals must meet in order to be provided any service or benefit;

6) Assigning times or places for the provision of services on the basis of race, sex, marital status, color, religion, national origin, age, the inability to speak or comprehend the English language, or by reasons of any physical or mental handicap.

c) Upon receipt of a complaint of discrimination against a provider, the Department shall report such complaint to the appropriate State and Federal authorities. Upon notification of a determination by such authorities that the provider has engaged in discriminatory practices, the Department shall have the right to terminate the award under Section 2030.1010.

d) A recipient will include verbatim or incorporate by reference the provisions of this Section in every subaward so that such provisions will be binding upon every such subprovider. The provider will be liable for compliance with applicable provisions of this Section by its subproviders. In addition, the provider will immediately notify the Department and the Illinois Department of Human Rights in the event any subprovider fails or refuses to comply with this Section. No provider will utilize any subprovider declared by the Illinois Department of Human Rights to be nonresponsible and therefore ineligible for contracts or subawards with the State of Illinois or any its political subdivisions or municipal corporations.

e) Notwithstanding anything contained in this Section to the contrary, the Department and the provider may develop or operate programs or services which are designed to meet the needs of special population groups.

Ill. Admin. Code tit. 77, § 2030.1205