Policy Chapters and Sections

Integration

Chapter: 10 Section: 5.9
Effective Date: 2/15/2019
Expiration Date: Continuing
Published Date: 12/3/2020 10:24:14 AM
Status: Current
Version: 2

Tags: EO, Disability, Equal Employment Opportunity, Nondiscrimination, NDP, NDP

  1. The State provides technical assistance and provides training to recipients to apprise them of their duty to serve individuals with disabilities in the most integrated setting appropriate to that individual.
  2. IDES remains in full compliance with all requirements Federal and State laws, regulations and internal policies and procedures as they relate to WIOA nondiscrimination regulations, the Rehabilitation Act of 1973 (the Rehab Act), the Americans With Disabilities Act of 1990 (ADA); and, Section 504, as implemented by Title 29, Part 32 of the Code of Federal Regulations; and all other applicable disability laws.
  3. Through the agency's EO Officer, IDES has advised all employees of the key provisions of the Americans with Disabilities Act (ADA), as amended, and has developed policies and procedures with respect to nondiscrimination based on disability. Key issues addressed therein include:  requiring reasonable accommodations and auxiliary aids and services; effective communications; site selection to assure accessibility; and conducting self- evaluations, which include the development of a corrective action plan. Efforts will continue to be made to ensure program and site access to all individuals with disabilities.
  4. All new employees are required to attend a comprehensive orientation session, where they are made aware of the agency’s commitment to preventing disability-based discrimination and providing reasonable accommodations both in employment and in the delivery of its programs and services. The agency also promotes employment opportunities for individuals with disabilities and regularly encourages employers to consider qualified individuals with disabilities to fill their job openings. IDES cooperates with the Illinois Department of Human Services, Division of Rehabilitation Services (DRS) in providing services/activities to individuals with disabilities under the WIOA State Unified Plan. These include the evaluation of clients’ employment capabilities, identification of the appropriate work environment and identification and development of suitable job openings. Employment counseling through the Office of Rehabilitation Services and the Local Workforce Innovation Areas (helps clients recognize vocational options, develop a plan to achieve employment goals, overcome barriers to employment and adjust to the work environment. Job ready individuals with disabilities receive consideration for suitable openings in the job matching process.
  5. The agency has taken a number of steps to ensure the confidentiality of employees’ medical records, including the dissemination of clear, written procedures limiting access to such records, as well as the implementation of various administrative practices which isolate these records from others. Specifically, such records are physically kept separate and apart from employees’ personnel files and in locked cabinets with highly restricted access. Only Labor Relations staff and the Human Resources Division have access to the file cabinets containing medical information. They are responsible for making determinations regarding eligibility for disability leaves of absence and ensuring the proper application of the Family and Medical Leave Act. The file cabinets remain locked throughout each day and are only unlocked when labor relations staff need to examine a file. Once the examination of a file is completed, the file is returned, and the file cabinet is once again secured.
  6. The EO Officer also oversees the ADA Coordinator. This responsibility includes receiving and reviewing requests for reasonable accommodations from IDES employees, applicants and clients. Determinations are made by the EO Officer and appropriate management personnel on a case-by-case basis. In most cases, medical documentation is required to support each requested accommodation when the disability is not obvious. These medical documents are secured within the EO files in locked cabinets. Only designated EO staff have access to these files, which are locked at all times. Further, these locked cabinets are in a locked file room for extra protection.
  7. Additionally, confidentiality of employees’ medical information is regularly addressed in all supervisory training sessions throughout the agency. Supervisors are instructed to forward all confidential medical records that they receive from employees directly to the Labor Relations office for placement in the secured medical files, or to the EO office when appropriate. Furthermore, confidentiality is addressed in several IDES policies and procedures which are posted on the intranet for IDES’ employees’ easy access.
  8. The agency also has policies and procedures in place to enforce the provisions of the Americans with Disabilities Act, as amended and Section 504 of the Rehabilitation Act and to provide for reasonable accommodation(s). Section 1205 of the agency’s Policies and Procedures Manual, entitled “Accommodating Individuals with Disabilities,” addresses in detail the agency's ADA policies and procedures. The agency issued a directive requiring the posting of large ADA informational notices at all of its local offices and work sites. (See EO Policies and Procedures 1200 through 1207 in the References tab). Section 1205 also includes provisions entitled, “Auxiliary Aids and Services for Individuals with Impaired Vision/Hearing” and “Individuals with Disabilities that Pose a Direct Threat to Health and Safety.”
  9. Numerous accommodations have been provided to IDES employees. For example, visually- impaired personnel have been provided with specialized computer programs to enlarge text, and with related equipment to complement the software. IDES has bought ergonomic chairs, sit and stand desks, larger computer monitors, computer software programs, granted flexible schedules, modified work hours and modified break times to name a few.
  10. Policies and procedures in IDES are available to all employees through the agency’s and the State of Illinois’ Intranet web pages. The agency has an Intranet site which affords employees access to various IDES forms and reports, as well as to all of the department’s policies and procedures. Policies affecting the equal opportunity/ADA programming area are drafted by the EO Office and are circulated throughout the agency for review and comment. Once all technical and programmatic staff have reviewed these policies and concurred with them, the final sign-off of all such policies rests with the agency director.
    1. Services to the Public
      1. Acquisition of Equipment or Devices
        1. The agency is required to comply with Section 504 of the Rehabilitation Act of 1973, as amended, and the Americans with Disabilities Act (ADA), as amended, both of which prohibit discrimination on the basis of disability. The regulations of the U.S. Department of Labor provide that "A recipient must take appropriate steps to ensure that communications with individuals with disabilities such as beneficiaries, registrants, applicants, eligible applicants/registrants, participants, applicants for employment, employees, members of the public and their companions are as effective as communications with others." (29 CFR 38.15(a)).
        2. Auxiliary aids and services are available upon request to individuals with disabilities. Such auxiliary aids include, but are not limited to:  sign language interpreters, readers, audio texts, large print and other methods of communication for persons with a physical or mental condition which includes conditions which effect vision or hearing. Each of these is designed to ensure their receipt of essential information regarding the agency's services, programs, policies and procedures, and particularly those that pertain to their eligibility and appeal rights. Such aids and devices are also available for employees to ensure effective communication regarding common job-related issues, i.e., training, meetings, workshops and interviews.
        3. The agency is responsible for providing equal and meaningful services to applicants with disabilities and for employees to ensure compliance with the reasonable accommodation provisions of Section 504 of the Rehabilitation Act of 1973, as amended, and the ADA, as amended. Both Section 504 and the ADA mandate that recipients of federal financial assistance provide equal employment opportunities to qualified disabled individuals and to make reasonable accommodations to the known physical or mental limitations of otherwise-qualified disabled individuals, unless the recipient of federal financial assistance demonstrates such accommodation would impose an "undue hardship" on the conduct of its program.
        4. Inquiries by IDES staff on behalf of applicants with a disability and employees are routinely made in order to determine the type of auxiliary aids needed to ensure full participation in the intake and assessment of the agency's initiatives, services, benefits and programs. This information will also assist in filling job orders of employers listed with the agency under provisions of Section 504 of the Rehabilitation Act of 1973, as amended.
        5. Local WorkNet Center resource rooms contain assistive technology equipment affording universal access to employment services. This equipment includes Zoom Text and/or JAWS software for screen magnification, text to speech or Braille refresher options, closed circuit monitors and Braille printers for the visually impaired. Additionally, those with hearing/speech impairment have available the Pocket Talker portable amplification device, headsets for PC voice features, access to online services such as unemployment insurance and job listings. The resource room will also provide Trackball ergonomic mouse for those with hand/arm disabilities, large desk top monitors (24” or more) large key ergonomic keyboards and for those who may have language challenges available is the Browse Aloud text to speech translation feature which can translate written text in five different languages. Lastly, IDES will provide a reasonable accommodation not listed above to any qualified applicant seeking benefits, services or access to our programs.
        6. With funding from American Recovery Reinvestment Act the Department expanded auxiliary services with the purchase of additional software licenses of ZoomText and JAWS and Browse Aloud as well as additional hardware technology purchases for 24” monitors, ergonomic Mouse and Keyboards and assistive listening devices to assist clients with disabilities.
      2. Text Telephone Teletypewriter (TTY)
        A TTY is installed in the agency’s Central Office for persons with impaired hearing, which enables them to certify for UI benefits. Persons with impaired hearing who have questions or require information about agency programs are also advised to call IDES’ Equal Employment Office TTY or call the Illinois Relay Service for assistance. Additionally, a PC software program, NexTalk, is installed in the Office of EO and fifteen of our local offices as well as in our Appeals unit, Benefit Payment Control, Employer Services and Claimant Services. The EO number is published on the ADA poster and in all printed material where general EO information is provided.
      3. Illinois Relay Service
        The Illinois Relay Service, also known as Telecommunications Relay Service (TRS), is a 24-hour per day, seven-day per week service which provides a communications link between persons using a text telephone (TT) and persons using a standard voice telephone. TT's are special typewriter-style devices used by individuals with impaired hearing or speech to communicate by telephone. Specially trained communications assistants relay conversations over a telephone between a person using a TTY and a person using a voice telephone. This is done by communicating simultaneously with both parties. When the person using the voice telephone speaks, the communications assistant types the information to the TT caller. When the TT caller responds, the communications assistant voices the typed information to the person on the standard voice telephone. The EO ADA liaison assists managers and staff. Video Relay Service is also used to provide effective communication between a caller and the Agency where a sign interpreter is used to relay information.
      4. Interpreter Services
        1. IDES Bilingual Staff
          1. In order to ensure compliance with Federal and State Limited English Proficiency laws IDES employs various bilingual employees. IDES determines its bilingual needs based on the surrounding community it is serving among other factors determined by Federal regulations and case law. IDES currently employs approximately 150 bilingual staff.
          2. Approximately, out of the IDES locations that routinely deal with the public, Chicago Region offices have 69 frontline staff, (20 bilingual Spanish, 1 bilingual Polish, 1 bilingual Chinese); Metro South Region offices have 66 frontline staff, (13 bilingual Spanish); Northern Region offices have 112 frontline staff, (34 bilingual Spanish, 1 bilingual Polish); Northwest Region offices have 92 frontline staff, (13 bilingual Spanish); Southern Region offices have 101 frontline staff (1 bilingual Polish). Further, Lombard and Rock Island call centers have 122 frontline staff, (20 bilingual Spanish, 2 bilingual Polish); Disabled Veterans Outreach Program (DVOP) has 25 frontline staff, (1 bilingual Spanish); Field Audit has 52 frontline staff, (1 bilingual Spanish). In the Chicago central office, Office of the Board of Review (BOR) has 13 frontline staff, (2 bilingual Spanish); Benefit Payment Control (BPC) has 26 frontline staff, (11 bilingual Spanish & 1 bilingual Polish); Employment Services (ES) has 10 frontline staff, (2 bilingual Spanish); Quality Assurance Compliance Review(QACR) has 9 frontline staff, (2 bilingual Spanish); Appeals have 42 frontline staff (1 bilingual Spanish); Human Resources (HR) has 11 frontline staff, (1 bilingual Spanish); Employer Reporting has 19 frontline staff, (1 bilingual Spanish); Collection Enforcement has 19 frontline staff, (1 bilingual Spanish); Labor Exchange/IL JobLink has 6 frontline staff, (1 bilingual Spanish). In addition, Special Population Division has 8 frontline staff with 4 bilingual Spanish in Chicago, Northwest and Southern Regions.
        2. Propio Language Services
          IDES contracts with Propio Language Services to ensure compliance with Federal and State language needs. Propio offers over-the-phone interpreting, in-person interpreting and document translation services between more than 200 languages, serves the healthcare, insurance, call center, financial and government sectors. Propio Language Services is a system of highly-qualified interpreters using technology that will assist persons with barriers of communication in different languages. The technology uses a third party to interpret between the two individuals to translate so that there is no breakdown in the understanding of what is being verbally communicated between the two parties. The service are available 24/7/365 days of the year, with an average connect time of 35 seconds so that everyone who uses this system can have their needs met.
        3. Illinois Deaf and Hard of Hearing Commission (IDHHC)
          1. IDHHC is an executive state agency that promotes education and awareness of the legal requirements for effective communication on behalf of people with hearing loss in Illinois. IDHHC provides outreach, education, training and information for individuals with hearing disabilities. IDHHC also maintains a listing of qualified, available sign language interpreters for individuals and businesses to utilize. IDES’ EO Office and other IDES employees contact the Illinois Deaf and Hard of Hearing Commission to arrange for a qualified interpreter should other interpreter services be unavailable.  See the link in the References tab.
          2. If necessary, other sources for sign language interpreters may be used, such as those available through the Chicago Hearing Society and the Chicago Area Interpreter Service (CAIRS). The EO ADA liaison assists managers and staff in making referrals to appropriate sources for local and statewide services.
      5. Architectural Accessibility
        IDES and DCEO works with the Illinois Department of Central Management Services to ensure ADA compliance at the physical location and through its lease agreements. The Illinois Accessibility Code (IAC) (see link in the References tab) provides specifications for State of Illinois leased properties. Furthermore, Disability Navigators from Disability Works, as well as IDES and DCEO EO staff perform routine site visits to ensure facilities remain in compliance with all applicable Federal and State Accessibility requirements.
    2. IDES Website
      1. Accessibility for Users with Disabilities
        1. The IDES website has been designed to be fully accessible to individuals with disabilities. In an effort to address the needs of all users, the Illinois Technology Office has established the Illinois Web Accessibiility Standards (IWAS). On February 14, 2002, the Governor of Illinois signed an Administrative Order (see the link in the References tab) directing Illinois agencies to "utilize the Illinois Web Accessibility Standards for the development of websites, intranets and web-based applications." These standards are based on Federal “Section 508” and World Wide Web Content accessibility guidelines, which were reviewed extensively by a panel of experts during the preparation of IWAS.
        2. Effective August 20, 2008, The The Illinois Information Technology Accessibility Act (IITAA) (see the link in the References tab) requires Illinois agencies and universities to ensure that their websites, systems and other information technologies are accessible to people with disabilities. While the Americans with Disabilities Act, as amended, and Section 504 of the Rehabilitation Act require the state to address accessibility in general, the IITAA requires the state to establish and follow specific, functional accessibility standards and to address accessibility proactively.
        3. The IDES website, including the sites for Illinois JobLink (IJL), Labor Market Information and the agency’s internet-based Unemployment Insurance application, were evaluated using the Illinois Information Technology Accessibility Act Web Developer Testing Checklist 1.0 and 2.0 (see the link in the References tab). The agency periodically tests its website to ensure accessibility standards are met and will continue to work with the Department of Information and Technology (DoIT) and the Office of Rehabilitation Services for related technical assistance.
    3. Accommodating Individuals with Disabilities Policy
      1. Section 1205 of the agency’s Policies and Procedures Manual addresses the agency’s responsibility for providing reasonable accommodation based on the known disabilities of qualified IDES employees, job applicants, and clients. It is the policy of the agency to comply with, among other Federal and State laws, the Americans with Disabilities Act of 1990 (Titles I and II), as amended, Section 504 of the Rehabilitation Act of 1973 and the Illinois Human Rights Act. IDES will provide reasonable accommodation, upon request, based on the known disabilities of qualified employees, job applicants and clients unless a requested accommodation will impose an undue hardship on agency operations. An individual must request reasonable accommodation and establish that he/she has a qualifying physical or mental disability. Then, if the requested accommodation will not impose an undue hardship, IDES will provide the accommodation that will:  (1) enable the qualified disabled employee to perform the essential functions of his/ her job; (2) enable a qualified disabled job applicant to participate in the hiring process; or (3) enable a qualified disabled client to fully access the agency’s benefits, programs and services.
      2. A qualified individual with a disability may request a specific reasonable accommodation. The request will be considered, but the accommodation that is ultimately offered to the individual will be determined by the agency at its sole discretion. A qualified individual with a disability is not required to accept a particular accommodation, but rejection of an offer of reasonable accommodation may jeopardize the individual’s status as a qualified individual with a disability. A request for reasonable accommodation may be denied if the requesting individual poses a direct threat to the health or safety of himself or others. A reasonable accommodation may also be rescinded by the agency if it later proves to pose an undue hardship or a direct threat to the health or safety of the requesting individual or others, or if the individual no longer qualifies as a person with a disability, or if he/she no longer requires the accommodation.
        1. Methods of Accommodation
          The following are some examples of methods that may be used to reasonably accommodate qualified individuals with disabilities:
          1. Making existing facilities readily accessible.
          2. Acquiring and/or modifying equipment or devices.
          3. Adjusting personnel examinations and/or agency training materials.
          4. Providing qualified readers or interpreters.
          5. Making modifications or adjustments to policies and procedures so as to enable a qualified individual with a disability to enjoy equal access to and full participation in, all of the agency’s benefits, programs and services.
        2. Job Restructuring
          Job restructuring is the modification of a job by removing barriers to performance, eliminating nonessential functions and/or exchanging assignments with other employees, so that a qualified person with a disability can perform the essential functions of the job.
        3. Part-Time or Modified Work Schedules
          Part-time or modified schedules may be a form of reasonable accommodation as long as they do not violate the collective bargaining agreements which control the employee workforce. The ADA does not require individuals with disabilities to be granted more paid leave than is granted to employees without disabilities, but a reasonable accommodation may include the provision of additional unpaid leave if doing so does not create an undue hardship on the agency. Reassignment does not include "bumping" employees from their positions to create vacancies for disabled employees. In certain limited instances, employees may be offered alternative employment by referral to the Illinois Department of Central Management Services.
        4. Adjustments / Modifications of Examinations, Training or Related Materials
          The agency will continue to provide reasonable accommodations in this area, for example, by ensuring that training classes are offered at accessible locations and that training materials are made available in accessible formats.
        5. Agreement Between American Federation of State, County and Municipal Employees (AFSCME) and Central Management Services (CMS)
          The Illinois Department of Central Management Services has negotiated a comprehensive collective bargaining agreement with the American Federation of State, County and Municipal Employees (AFSCME) which applies to all Illinois state agencies under the governor’s jurisdiction. Article XXXI, Section 11 of that contract specifically addresses the issue of reasonable accommodation for employees with disabilities. This represents another written policy whereby the State of Illinois has agreed to reasonably accommodate its employees.
        6. Designation of ADA Liaison
          The EO Specialist (ADA Coordinator) serves as the agency’s chief ADA liaison. Additionally, each cost center manager serves as an ADA liaison with respect to reasonable accommodation requests arising in their cost center. The EO/ADA liaison's function is to provide assistance to qualified individuals with disabilities and to assist in the filing of complaints based on the denial of requests for reasonable accommodation, or with regard to complaints of discrimination based on disabilities. Managers and supervisors are required to assist EO with all aspects of the accommodation process, as appropriate.
        7. Requests for Reasonable Accommodation
          1. IDES employees who request reasonable accommodation are required to complete specific forms and submit them to the EO Officer for appropriate action. Employees may also submit a request for reasonable accommodation directly to the EO Office. In all instances, cost center managers are given the opportunity to provide input into the decision-making process if the requested accommodation effects the operations of the unit. Internal policies and procedures have been updated to reflect this.
          2. All requests for a reasonable accommodation must be submitted to the EO Officer whether or not they require an expenditure of funds. Managers do not approve or disapprove an employee's request for a reasonable accommodation. The EO Officer and ADA Coordinator are responsible for reviewing the request and making every effort to respond to the employee within ten (10) working days, when possible, from the date the request is received by the EO Officer. IDES employees who are provided a reasonable accommodation are given a reasonable period of time during regular working hours to familiarize themselves with, and to develop reasonable competency in the use of, any new aids or devices provided to them.
        8. Acquisition of Equipment or Devices
          The equipment and devices that IDES will provide as a reasonable accommodation do not include personal-use items such as hearing aids and eyeglasses. For individuals who are visually impaired, equipment or devices that may be provided include, but are not limited to:  adaptive computer hardware and software, electronic visual aids, Braille devices and related material, talking calculators, magnifiers and audio recordings. EO will follow-up with an employee who has been provided equipment or a device as a reasonable accommodation to ensure that the accommodation meets that employee’s needs.

Section 188 Reference Guide PROMISING PRACTICES IN ACHIEVING NONDISCRIMINATION AND EQUAL OPPORTUNITY

The Americans with Disabilities Act of 1990

WIOA Section 188 - Administration, Nondiscrimination

The Age Discrimination Act of 1975, as amended

Title VI of the Civil Rights Act of 1964, as amended

Rehabilitation Act of 1973 Title I - Vocational Rehabilitation Services and Amendments

Title IX of the Education Amendments of 1972, as amended

Illinois Information Technology Accessibility Act (IITAA)

World Wide Web Content Accessibility Guidelines

Section 508/Website 508

775 ILCS 30 White Cane Law

AN ACT concerning service dogs - Public Act 097- 0956

Americans with Disabilities Act Accessibility Guidelines (ADAAG)

Illinois Human Rights Act, as amended, and its’ Rules and Regulations

USDOL Training and Employment Notice (TEN) No. 24-18, Updated Promising Practices in Achieving Nondiscrimination and Equal Opportunity: A Section 188 Disability Reference Guide (April 3, 2019)

29 CFR Part 38 - IMPLEMENTATION OF THE NONDISCRIMINATION AND EQUAL OPPORTUNITY PROVISIONS OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT

JobLink

Illinois Accessibility Code

Illinois’ Interpreter Registry

Section 504 of the Rehabilitation Act of 1973, as amended; Part B, C, Appendix A

Illinois Deaf and Hard of Hearing Commission (IDHHC) Website

Equal Opportunity is the Law Poster Link

29 CFR Part 32 - NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE

Technology Accessibility Act Web Developer Testing Checklist 1.0 and 2.0

Office of Management and Budget (OMB) Circulars

USDOL ETA Advisories (TEGLs and TENs)

USDOL Workforce Innovation and Opportunity Act Regulations and Information

U.S. Government Publishing Office (Federal Registers)

No Forms & Instructions Found
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