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Shape of the state of Illinois with the article's title to the right.
Shape of the state of Illinois with the article's title to the right.

Illinois Disability Discrimination Laws

Specific provisions for the state of Illinois.

Team Disclo
September 13, 2022

Employers must make reasonable accommodations for the known physical or mental limitations of otherwise qualified employees and applicants with disabilities, unless employers can show that these accommodations would be prohibitively expensive or would unduly disrupt normal business operations.

If employees and applicants with disabilities are seeking reasonable accommodations, they must inform employers of their disabilities and submit any necessary medical documentation. Normally they must initiate the request for reasonable accommodations, and they must cooperate in any discussions and evaluations to determine possible or feasible accommodations. Employers must provide reasonable accommodations when this request is initiated or when potential accommodations are obvious.

Reasonable accommodations can include altering facilities or worksites, modifying work schedules or leave policies, acquiring equipment, job restructuring, and providing readers or interpreters. Reasonable accommodations don’t include personal accommodations such as eyeglasses or hearing aids or superfluous accommodations such as chauffeurs. Employers aren’t required to hire two full-time employees to perform one job in order to accommodate employees with disabilities.

Determining whether accommodations would be prohibitively expensive or disruptive involves weighing their costs and inconveniences against their immediate and potential benefits. Immediate benefits are the facilitation of employment for people with disabilities. Potential benefits include facilitating access by other employees, applicants, clients, and customers with disabilities.

Ill. Admin. Code tit. 56, § 2500.40        

Under Title I of the Americans with Disabilities Act (ADA), employers, including state and local governments, with 15 or more employees, are prohibited from discriminating against people with disabilities. Title I protects qualified individuals with disabilities in several areas, including job application procedures, hiring, firing, advancement, compensation and job training. It is also unlawful to retaliate against someone for opposing employment practices that discriminate based on disability, or for filing an ADA discrimination charge. The Office of Federal Contract Compliance Programs (OFCCP) shares enforcement authority for Title I of the ADA with the U.S. Equal Employment Opportunity Commission (EEOC), which has primary responsibility for enforcing the employment provisions of the law. (Note: Federal employees and job applicants are covered by Section 501 of the Rehabilitation Act of 1973 instead of the ADA.

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