Equal Employment Opportunity - IDHS 4172 (pdf)

State of Illinois
Department of Human Services

It's a right...

It's the law...

It's the right thing to do.

The Laws

Federal

Title VI of the Civil Rights of 1964 - Prohibits discrimination on the basis of race, color or national origin in programs or activities receiving federal financial assistance.

Title VII of the Civil Rights Act of 1964 - Prohibits discrimination on the basis or race, color, religion, sex or national origin in any terms, conditions, compensation or privileges of employment.

Age Discrimination in Employment Act of 1967 - Prohibits employers from discriminating against persons age 40 and over in any area of employment because of age.

Equal Pay Act of 1963 - Requires employers to provide equal pay for men and women performing similar work.

Section 504 of the Rehabilitation Act of 1973 - Prohibits discrimination on the basis of disability in all areas of employment and/or service delivery by recipients of federal financial assistance.

Section 503 of the Rehabilitation Act of 1973 - Pertains to affirmative action in employment of qualified disabled persons by federal contractors and their subcontractors.

Executive Order 11246 - Requires the establishment of Affirmative Action programs by all federal contractors and subcontractors, and prohibits discrimination on the basis of race, color, religion, sex or national origin.

Civil Rights Act of 1991 - Reverses seven U.S. Supreme Court decisions and creates rights to compensatory and punitive damages, as well as a jury trial, for victims of intentional discrimination as defined by Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA).

Americans With Disabilities Act of 1990 - Makes it unlawful to discriminate in employment against a qualified individual with a disability; and outlaws discrimination against individuals with disabilities in state and local government services, public accommodations, transportation and telecommunications.

Vietnam Era Veterans Readjustment Act of 1974 - Prohibits discrimination against qualified disabled veterans of the Vietnam era by employers receiving federal contracts.

Genetic Information Non-Discrimination Act of 2008 - Prohibits use of genetic information in employment.

State

Illinois Human Rights Act - Freedom from Unlawful Discrimination. To secure for all individuals within Illinois the freedom from discrimination against any individual because of his or her race, color, religion, sex, national origin, ancestry, age, order of protection status, marital status, physical or mental disability, military status, sexual orientation, pregnancy or unfavorable discharge from military service in connection with employment, real estate transactions, access to financial credit, and the availability of public accommodations.

Administrative Order #2 - Prohibits discrimination against any person in recruitment, examination, appointment, training, promotion, retention, or any other personnel transaction, because of religion, race, national origin, sex, age, disability, or any other non-merit factor, except where such may be a bona fide job qualification. This includes, but is not limited to, sexual orientation.

Contractual

The various collective bargaining unit contracts entered into by the State of Illinois, covering employees of the Department of Human Services, also prohibit discrimination.

Department Policy

It is the policy of the Department of Human Services that all employees and individuals requesting services shall be free from sexual harassment, retaliation, discrimination, and harassment without regard to:

  • Race
  • Color
  • Religion
  • Sex
  • National Origin
  • Age
  • Disability
  • Ancestry
  • Citizenship Status
  • Marital Status
  • Military Status
  • Sexual Orientation

The Bureau of Civil Affairs

The duties and responsibilities of the Bureau of Civil Affairs include, but are not limited to the following:

  • ? Investigating complaints of discrimination filed internally with the Bureau of Civil Affairs, or externally with regulatory agencies such as the Illinois Department
  •  of Human Rights, the U.S. Equal Employment Opportunity Commission, or the U.S. Department of Health and Human Services, Office of Civil Rights.
  • ? Counseling employees concerning the merit of complaints filed.
  • ? Developing and monitoring an annual Affirmative Action Plan, which includes goals, timetables, and monitoring procedures to achieve a diversified workforce reflective of
  •   the Illinois population in all DHS offices.
  • ? Monitoring the procedures and regulations intended to ensure nondiscrimination in the delivery of services.
  • ? Participating in employment recruitment programs.
  • ? Monitoring employment practices and producing quarterly and annual reports.
  • ? Disseminating information on Equal Employment Opportunity and Affirmative Action.

What is Equal Employment Opportunity?

Equal Employment Opportunity is a Federal law, covered under Title VII of the Civil Rights Act of 1964. This law prohibits unlawful discrimination in the work place, as an

outcome of employment practices including hiring, promotion, transfer, discipline, or any other personnel action. The Bureau of Civil Affairs is charged with the responsibility of

assuring that the Department of Human Services is in compliance with the Federal and State civil rights laws and regulations, and that all employees are able to work in an

environment free from discrimination or harassment.

What is Affirmative Action?

Affirmative Action is a Federal policy, established by Executive Order 11246. It is intended to impact the adverse effects of historical or current discrimination. This is accomplished by assuring that members of affirmative action groups (Women, African Americans, Hispanic/Latinos, Asians, Native Americans and People with Disabilities) are represented in the work force, proportionate to their availability in the general population.  The "action steps" taken by organizations, with regard to the hiring and promotion of members of the affirmative action groups, constitutes the "affirmative action."

In compliance with state and federal law, IDHS submits an Affirmative Action Plan on an annual basis to the Illinois Department of Human Rights.

How to File a Charge

If you feel that you have been discriminated against, you have the right to file a charge with the Bureau of Civil Affairs. Charges should be filed in writing on the Charge

Complaint Form (IL 444-4027) within 30 working days of the alleged discriminatory act.

If you are not satisfied with the findings of the Bureau of Civil Affairs, or would rather initiate a charge outside of the Department, you may file with the Illinois Department of

Human Rights or the U.S. Department of Health and Human Services within 180 days, or with the U.S. Equal Employment Opportunity Commission, within 300 days from the

date of the alleged discriminatory act.

What Happens After a Charge is Filed?

An BCA Investigator will conduct an internal investigation within 90 working days from the date the complaint was received to determine whether there is evidence to support

the charge. If there is a supporting evidence, a recommendation for resolution will then be made to the Chief of the Bureau of Civil Affairs and other appropriate management

personnel. If there is agreement on a resolution, the case will be closed. Likewise, if there is lack of supporting evidence, the case will be closed.

The Complainant will be notified regarding the completion of the investigation. If the Complainant is not satisfied with the determination, a charge can be filed with the

Illinois Department of Human Rights within 180 days, or with the U.S. Equal Employment Opportunity Commission within 300 days, from the date of the alleged discriminatory

act.

Where Do I File?

Charges can be filed internally with the Bureau of Civil Affairs at one of the locations listed below.

Central Office/Chicago

  401 S. Clinton, 6th Floor

  Chicago, IL 60607

  312-793-0210 (V)

Central Office/Springfield

  100 South Grand Avenue, 3rd Floor

  Springfield, IL 62762

  217-524-7068 (V)

  217-557-4191 (Fax)

Email:

DHS.CivilAffairsComplaint@illinois.gov

External Filing Locations

Illinois Department of Human Rights

100 W. Randolph St., Suite 10-100

Chicago, IL 60601

312-814-6200 (V),

866-740-3953 (Nexttalk TTY)

222 S. College St., Room 101A

Springfield, IL 62704

217-785-5100 (V) or

866-740-3953 (Nexttalk TTY)

U.S. Equal Employment Opportunity Commission

JCK Federal Building

Chicago, IL 60604

312-872-9777 (V),

312-588-1260 (Fax)

312-869-8001 (TTY)

1222 Spruce Street - Room 8.100

St. Louis, MO 63103

800-669-4000 (V),

314-539-7894 (Fax)

800-669-6820 (TTY)

Visit our web site at:  www.dhs.state.il.us

Programs, activities and employment opportunities in the Illinois Department of Human Services are open and accessible to any individual or group without regard to age, sex, race, sexual orientation, disability, ethnic origin or religion. The department is an equal opportunity employer and practices affirmative action and reasonable accommodation program


IDHS 4172 (R-09-19) EEO  Printed by the Authority of the State of Illinois.  500 copies P.O.# 20-0163