[HISTORY: Adopted by the County Board of
McLean County 7-16-2019.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 66,
Grievances, which consisted of Art. I, Americans with Disabilities
Act, adopted 7-20-1993.
The commitment of the County of McLean (County) to the most
fundamental principles of freedom, equality of opportunity, and human
dignity requires that decisions involving residents, visitors, and
employees be based on merit and be free from invidious discrimination
in all its forms. This policy is designed to promote a safe and healthy
community and work environment and to comply with multiple laws that
prohibit discrimination, including the Equal Pay Act of 1963, Title
VI and VII of the Civil Rights Act of 1964, the Americans with Disabilities
Act Amendments Act, the Rehabilitation Act of 1973, the Age Discrimination
in Employment Act of 1967, the Age Discrimination Act of 1975, Title
IX of the Education Amendments Act of 1972, the Pregnancy Discrimination
Act of 1978, the Uniformed Services Employment and Reemployment Act,
the Vietnam-Era Veterans Readjustment Assistance Act of 1974, the
Genetic Information Nondiscrimination Act of 2008, and the Illinois
Human Rights Act.[1] This policy and the associated procedures are established
to provide a means to address complaints of discrimination or harassment
based on the protected categories described herein.
[1]
Editor's Note: See 775 ILCS 5/1-101 et seq.
A.
The County Administrator is authorized and, from time to time, shall
review McLean County's Nondiscrimination Policy, and amend said
policy to ensure compliance with all constitutional, statutory, and
regulatory requirements imposed by relevant state and federal authorities.
B.
Any amendments to the Nondiscrimination Policy promulgated by the
County Administrator shall not take effect until such time that the
County Administrator submits written notification of the amended policy
to all members of the McLean County Board.
This Nondiscrimination Policy applies to all County departments,
agencies, programs, and access to County services. In furtherance
of the County's commitment to the principles of equality and
equal opportunity, this policy may be invoked by residents, applicants,
visitors, employees, and former employees of the County of McLean.
As used in this chapter, the following terms shall have the
meanings indicated:
To be subject to different treatment based on membership
in a protected classification and to thereby experience an adverse
employment or academic action or to be excluded from participation
in or denied the benefits of a County program.
A form of discrimination and unwelcome conduct based on an
individual's status within a protected classification. The unwelcome
conduct may be verbal, written, electronic or physical in nature.
This policy is violated when the unwelcome conduct is based on one
or more of the protected classifications (defined below), and is either:
Sufficiently severe or pervasive; and objectively offensive;
and unreasonably interferes with, denies, or limits a person's
ability to participate or benefit from County programs or employment
opportunities, assessments, or status at the County; or
Performed by a person having power or authority over another
in which submission to such conduct is made explicitly or implicitly
a term or condition of opportunities, participation, assessments,
or status at the County.
Race, color, religion, sex, pregnancy, disability, national
origin, ancestry, age, order of protection status, genetic information,
marital status, disability, sexual orientation, including gender identity,
unfavorable discharge from the military or status as a protected veteran.
Any action, or attempted action, directly or indirectly,
against any person(s), because they have, in good faith, reported
or disclosed a violation of this policy, filed a complaint of discrimination,
or in any other way participated in an investigation, proceeding,
complaint, or hearing under this policy. Retaliation includes but
is not limited to harassment, discrimination, threats, job termination
or other disciplinary action, negative job performance evaluations,
and adjustment in pay or responsibilities. Actions are considered
retaliation if they have a materially adverse effect on the working
environment of a person or if they hinder or prevent the person from
effectively carrying out their County responsibilities. Any person
or group within the scope of this policy who engages in retaliation
is subject to a separate complaint of retaliation under this policy.
McLean County's Nondiscrimination Policy is available on
the County website at https://www.mcleancountyil.gov/1150/Equal-Opportunity-Employer
and is on file in the office of the County Administrator.
A.
In accordance with the requirements of Title II of the Americans
with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12101,
et seq., McLean County will not discriminate against qualified individuals
with disabilities on the basis of disability in the County's
services, programs, or activities. No qualified individual with a
disability shall, by reason of such disability, be excluded from participation
in or be denied the benefits of the services, programs or activities
of the County. Nor shall any qualified individual with a disability
be discriminated against because of the disability of such individual
in regard to job application procedures, the hiring, advancement,
or discharge of employees, employee compensation, job training, and
other terms, conditions, and privileges of employment. The County
will not ask a job applicant about the existence, nature, or severity
of a disability. Applicants may be asked about their ability to perform
specific job functions. Medical examinations or inquiries may be made,
but only after a conditional offer of employment is made and only
if required of all applicants for the position.
B.
The County will make reasonable accommodations for the known physical
or mental limitations of a qualified applicant or employee with a
disability upon request unless the accommodation would cause an undue
hardship on the operation of the County's business. To the extent
its selection criteria for employment decisions have the effect of
disqualifying an individual because of disability; those criteria
will be job-related and consistent with business necessity. The County
will provide appropriate auxiliary aids and services, including qualified
sign language interpreters and assistive listening devices, whenever
necessary to ensure effective communication with members of the public
who have hearing, sight, or speech impairments, unless to do so would
result in a fundamental alteration of its programs or an undue administrative
or financial burden.
C.
A person who requires an accommodation or an auxiliary aid or service
to participate in a County program, service, or activity, should contact
the office of the County Administrator, at (309) 888-5110 as far in
advance as possible but no later than 48 hours before the scheduled
event. The County will not place a surcharge on a particular individual
with a disability or any group of individuals with disabilities to
cover the cost of providing auxiliary aids/services or reasonable
modifications of policy, such as retrieving items from locations that
are open to the public but are not accessible to persons who use wheelchairs.
A.
Individuals who believe that a County employee has subjected them
to discrimination or harassment in violation of this policy should
contact the Office of the County Administrator at admin@mcleancountyil.gov
or (309) 888-5110. Individuals alleging violations of this policy
should report the alleged misconduct immediately upon experiencing
or learning of the alleged misconduct.
(1)
County employees to whom alleged misconduct is reported should immediately
report the alleged misconduct to the appropriate County office. Supervisory
employees who fail to report alleged or suspected violations of this
policy to the appropriate office in a timely manner may be subject
to disciplinary action, up to and including termination.
B.
The Office of the County Administrator shall be responsible for receiving,
reviewing, and processing claims of discrimination as may be filed
from time to time by individuals who wish to have a particular policy
or situation reviewed for compliance. Should an individual feel he
or she has been discriminated against solely due to a disability or
disability condition, that individual has the right to file a grievance
with the County, if the County is the local entity which is accused
of discriminating against said individual.
C.
All complaints shall be made in writing, or may be recorded by someone
other than the complaining individual if he or she cannot write. Such
complaints shall be filed with the Office of the County Administrator.
D.
The complaint form shall include the full name, address, and phone
number of the complaining individual and briefly state the nature
of the complaint or a description of the alleged violation.
E.
The complaint must be filed within 10 business days after the complainant
becomes aware of the alleged violation.
F.
The County Administrator shall be responsible for conducting or assigning
the investigation into the allegation. Said investigation shall include
evidence and statements from those associated with the allegation
and may include other documents or evidence as provided following
the filing of any complaint. Said investigation will afford all interested
persons and/or their representatives, if any, an opportunity to submit
evidence relevant to a complaint.
G.
A written determination as to the validity of the complaint and a
description of the resolution, if any, shall be issued by the Office
of the County Administrator and a copy forwarded to the complainant
no later than 60 days after its filing.
H.
The Office of the County Administrator shall maintain all records
of complaints and resolutions filed under this article relating to
all claims of discrimination with the County of McLean, if any, for
five years.
I.
The complainant may request a reconsideration of the written determination
made by the Office of the County Administrator. The request for same
shall be filed in writing with the Office of the County Administrator
no later than 15 days after written determination has been sent to
the complainant.
A.
The right of the person to a prompt and equitable resolution of the
complaint filed hereunder shall not be impaired by the person's
pursuit of other remedies such as filing of a complaint with the responsible
state or federal department or agency. Use of this grievance procedure
is not a prerequisite to the pursuit of other remedies.
B.
This policy and procedure shall be construed to protect the substantive
rights of interested persons to meet appropriate due process standards,
and to assure that the County of McLean complies with all state and
federal implementing regulations.
