Ordinance No. 99-46
An Ordinance Setting Forth the Village of Fox River Grove's Policy Regarding Non-Discrimination in Employment and the Provision of Villages Services
WHEREAS, the Congress of the United States has adopted various Civil Rights Acts, including but not liminted to the Civil Rights Act of 1964 and the Americans with Disaabilities Act as amended and the Illinois General Assembly has enacted the Illinois Human Rights Act (collectively refreed to as the "Acts") for the purpose of eliminating discrimination in employment and services; and
WHEREAS, the Acts prohibit unlawful discrimination in employment and in the provision of services on the basis of race, color, religion, national origin, sex, ancestry, age, marital status, military status or unfavorable discharge from military service, or physical or mental disabilities unrelated to the individual's ability to perform the essential functions of an employment position or to receive services from the Village; and
WHEREAS, the Corporate Authorities of the Village of Fox River Grove desire to set forth that it has been and continues to be the policy of the Village to comply with the Acts in regard to the employment of individuals by the Village and by entities who contract with the Village and in the provision of services by or on behalf of the Village.
NOW THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF FOX RIVER GROVE, McHENRY AND LAKE COUNTIES, ILLINOIS, as follows:
SECTION 1: It is hereby declared that it has been and continues to be the policy of the Village of Fox River Grove to comply with the applicable requirements of the Act and to not unlawfully discriminate in the delivery of services provided by or on behalf of the Village, or in determining eligibility and participation in Village programs and activities on the basis of race, color, religion, national origin, sex, ancestry, age, marital status, military status or unfavorable discharge from military service, physical or mental disabilities unrelated to the individual's ability to receive services from the Village or participate in Village programs and activities, or in any other manner prohibited by law.
SECTION 2: It is hereby declared that it has been and continues to be the policy of the Village of Fox River Grove not to unlawfully discriminate on the basis of race, color, religion, national origin, sex, ancestry, age, marital status, military status or unfavorable discharge from military service, physical or mental disabilities unrelated to the individual's ability to perform the essential functions of an employment position in making decisions relating to employment with the Village and to not engage in unfair employment practices and to discourage entites who contract with the Village from engaging in unfair employment practices. For purposes of this Ordinance an unfair employment practice is:
(1) The unlawful failure or refusal to hire or to discharge any individual, or otherwise to unlawfully discriminate against any individual with respect to his or her compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, national origin, sex, ancestry, age, marital status, military status or unfavorable discharge from military service, physical or mental disabilities unrelated to the individual's ability to perform the essential functions of an employment position or any other basis prohibited by law; or
(2) The unlawful limiting, segregating, or classifying of employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his or her status as an employee, because of such individual's race, color, religion, national origin, sex, ancestry, age, marital status, military status or unfavorable discharge from military service, or physical or mental disabilities unrelated to the individual's ability to perform the essential functions of an employment position.
SECTION 3: It is hereby declared to be the policy of the Village of Fox River Grove to comply with the applicable provisions of the Acts, and any regulations issued pursuant to the Acts, with regard to the provision of equal opportunities and affirmative action in employment and the provision of services.
SECTION 4: The Village of Fox River Grove hereby designates the Village Administrator as the person responsible for investigating any complaint against the Village alleging noncompliance with the Acts.
SECTION 5: A procedure for the resolution of complaints agains the Village, alleging noncompliance with the Acts, attached hereto as Exhibit "A" and made a part hereof, is hereby adopted by the President and Board of Trustees of the Village of Fox River Grove.
SECTION 6: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law.
PASSED by the following roll call vote this 16th day of December, 1999. AYES: Eckel, Hammer, Kelly, McClarity, Murren & Blohm. NAYS: None. ABSENT: None.
GRIEVANCE PROCEDURE
"Exhibit A"
I. General Statement. This Grievance Procedure is inteded by the Village of Fox River Grove (The "Village") to provide for the prompt and equitable resolution of complaints alleging that unlawful discrimination on the basis of race, color, religion, national origin, sex, ancestry, age, marital status, military status or unfavorable discharge from military service, or on any other unlawful basis has occured in relation to (a) employment by the Village, (b) the provision of services by or on behalf of the Village or (c) participation or eligibility in Village sponsored activities or programs.
A complaint relating to unlawful discrimination in Village employment, programs, activities or services may be filed by any person.
II. Filing a Complaint. The party alleging a complaint must file a grievance in writing which sets forth the date the alleged incident of unlawful discrimination occurred, the department or individuals involved in the alleged incident and a description of the alleged incident. The written complaint may be filed by mail or in person. The attached Discrimination Compliance Complaint Form may be used for the filing of a complaint. The Village's Compliance Coordinator may be contacted for complaint forms. The complaint is to be filed with the Compliance Coordinator's office within ten (10) working days after the alleged incident of unlawful discrimination.
Compliance Coordinator: Robert Nunamaker, Acting Village Administrator, Village of Fox River Grove, 305 Illinois Street, Fox River Grove, IL 60021. (847) 639-3170.
III. Investigation and Resolution of Complaint. The Compliance Coordinator will promptly conduct an investigation of the complaint, utilizing the technical and other expertise of Village employees, officers, and independent contractors as may be deemed necessary. The Compliance Coordinator will contact the complainant at regular intervals to report on the progress of the investigation until a preliminary determination as to the validity of the complaint is reached.
Within five (5) working days after the preliminary determination is reached on the complaint, the Compliance Coordinator will schedule a meeting with the complainant to discuss the grievance and seek a remedy if the complaint is found to be valid. Within five (5) working days following this meeting, a written summary of the meeting and proposed remedy, if appropriate, will be sent to the complaint.
IV. Right of Appeal. The complainant has the right to appeal the determination and/or resolution of the Compliance Coordinator. The appeal is to be filed within five (5) working days of the complainant's receipt of the determination and/or proposed resolution. The appeal is to be filed in writing. A written appeal may be filed by mail or in person. The appeal is to be filed with the Village Clerk. If the appeal is not filed within five (5) working days, complainant waives his/her right to appeal the determination and/or resolution of the Compliance Coordinator. The appeal must contain the following:
Within fifteen (15) days of receipt of the appeal, the Village President shall appoint a three (3) person Grievance Committee which shall conduct a hearing on the appeal after notice is duly given. Within thirty (30) days after the conclusion of the public hearing, the Committee will issue a written decision. The decision of the Committee is final.
The filing of a complaint with the Village does not preclude complainant from pursuing other remedies, such as the filing of a complaint with the U.S. Equal Employment Opportunity Commission, the Illinois Human Rights Commission or any otther appropriate Federal or State agency, or pursuing any other remedy available under law. The Village's grievance procedure is not a prerequisite to the pursuit of other remedies.
V. Disposition of Records. Proceedings of the Grievance Committee shall be recorded and maintained. A record of action taken on each complaint shall be maintained as a part of the records or minutes at each level of the grievance process.
A Complaint Register Log shall be kept by the office of the Compliance Coordinator. Complaint form reports shall be retained for two (2) years from the date of the original complaint. Those complaints deemed "unfounded" and not overturned on appeal, will be destroyed at the conclusion of the two (2) year period. Those complaints upheld and assigned a specific remedy shall be retained by the Compliance Coordinator indefinitely.
Complainants may have copies of their complaints and their own satements upon request. Disclosure of other documents is prohibited without the express written consent of the Village President unless disclosure is required by law. Disclosure of complaint records is also prohibited without the express written consent of the Village President unless disclosure is required by law provided that statistical data may be disclosed to a governmental agency which requests such data.
DISCRIMINATION COMPLIANCE FORM - click here