Anti-Discrimination
1. Case Selection Priorities (PADD, PAIMI and PAIR):
a) Employment Discrimination
- Cases Having Systemic Impact: In select cases, representation in administrative proceedings or federal court because of the importance of the legal issue or the prominence of the employer.
- Cases Not Having Systemic Impact: Assistance generally limited to brief assistance or extended assistance (e.g. writing letters requesting a reasonable accommodation, negotiation with an employer etc.), but representation in administrative hearings will be provided when the circumstances are compelling.
- Employment discrimination cases involving social security beneficiaries refer to Protection and Advocacy for Beneficiaries of Social Security Program.
- Cases involving assistive technology issues should be referred to PAAT.
b) Transportation
- Individual Cases: Primarily handled by Assistive Technology Program. If no assistive technology issue, then technical assistance and representation in selected cases under PADD, PAIMI or PAIR.
- Systemic Issues: See Special Initiatives below regarding systemic public transportation strategies.
c) Access to Public Accommodations
- Communication Access (e.g. hospitals, banks)
- Access to Facilities, Goods and Services
- Individual access cases involving physical access to private businesses that do not require litigation and that can be resolved through negotiation. Accept select cases for litigation because of the importance of the legal issue or the prominence of the public accommodation.
- Systems access cases based on resources.
d) Government Services
- Program Access - cases involving a denial of program access.
- Vocational Rehabilitation Services from DRS - cases involving problems with vocational rehabilitation services from DRS.
e) Housing
- In EFE Northeast office: Brief assistance only unless case presents an Olmstead issue or an issue related to emergency evacuation procedures or safety. (Access Living already has a strong program in Chicago area.) If case presents an assistive technology issue, refer to PAAT.
- In EFE Northwest and Southern, and Central offices: Representation up to administrative hearings, state, or federal court.
2. Special Initiatives:
a. Criminal Justice Initiative (Funding from PAIMI)
Goal: EFE will advocate that people with mental illness in the Cook County Jail be given equal access to jail programs and appropriate linkages to services upon discharge by re-filing its class action suit against Cook County.
b. Transportation Accessibility Initiative (Primary funding from Assistive Technology Program - PAIR will fund transportation efforts that do not involve assistive technology, except that PADD and PAIMI will fund any cases for clients eligible for those programs that do not involve assistive technology)
Goal: Equip for Equality will oversee implementation of the operational improvement fund to develop signage and a training video as the final aspects implementing the Settlement Agreement in Access Living et al. v. CTA, consistent with Equip for Equality's obligations as Class Counsel.
c. Accessibility of Convenience Stores and Other Vendors of Illinois Lottery Program (Funding from PAIR)
Goal: EFE will resolve outstanding accessibility issues of the Illinois Lottery though a complaint with the Illinois Attorney General's office and if the issue cannot be resolved in that forum, EFE will assess and pursue other available options.
d. Enhancement of Communication Access for the Deaf and Hard of Hearing Community (Funding from Assistive Technology Program)
Goal: EFE, in collaboration with the deaf community, will continue to educate policymakers about the lack of access to high-speed internet and wireless communication options in rural areas and will support the efforts of the Lieutenant Governor to develop the necessary infrastructure. e. Bank Accessibility Initiative (Funding from Assistive Technology Program) Goal: EFE will monitor the compliance with and implementation of the Settlement Agreement entered into with LaSalle Bank Corporation to provide Talking ATMs and other accessibility features, and explore expanding the bank accessibility initiative to other Illinois banks. f. Develop fact sheets for individuals with disabilities and families on discrimination issues. (Funding from PAIR) Goal: EFE will develop consumer friendly fact sheets to provide information to assist people with disabilities with a better understanding of their legal rights under anti-discrimination laws. g. Communication Accessibility of Movie Theaters Technology Initiative. (Funding from PAAT). Goal: EFE will advocate for communication access to movie theaters for people who are deaf, hard of hearing, and blind through complaint filed with Illinois Attorney General's Office and if the issue cannot be resolved in that forum, EFE will assess and pursue other available options. h. Training Institute for Disability Rights (primary funding from state and private funders with additional funding from PADD, PAIMI, PAIR, PAVA, PAAT, PATBI and PABSS) Goal: Provide disability rights trainings statewide to people with disabilities and their families, as well as professionals, service providers and businesses on discrimination issues including: ADA, employment, Ticket to Work, transportation and voting. i. Advocacy to Address Employers' Use of Discriminatory Tests (Funding from PAIMI) Goal: Effectuate ADA and 7th Circuit decision prohibiting use of personality tests to screen out people with disabilities by advocating for the elimination of such tests. j. Communication Access in Professional Services Goal: EFE, in collaboration with the disability community, will develop and conduct a survey to determine the extent to which individuals are not provided communication access when dealing with professionals such as doctors and lawyers. Based on the results of the survey, further advocacy efforts may be undertaken.
