Sec. 7A-103. Settlement.

387 words·~2 min read·/il/chapter-775/act-5/7a-103

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(A)Circumstances. A settlement of any charge prior to the filing of a complaint may be effectuated at any time upon agreement of the parties and the approval of the Department. A settlement of any charge after the filing of a complaint shall be effectuated as specified in Section 8-105(A)(2) of this Act.

(B)Form. Settlements of charges prior to the filing of complaints shall be reduced to writing by the Department, signed by the parties, and submitted by the Department to the Commission for approval. Settlements of charges after the filing of complaints shall be effectuated as specified in Section 8-105(A)(2) of this Act.

(C)Violation.

(1)When either party alleges that a settlement order has been violated, the Department

shall conduct an investigation into the matter.

(2)Upon finding substantial evidence to demonstrate that a settlement has been

violated, the Department shall file notice of a settlement order violation with the Commission and serve all parties.

(D)Dismissal For Refusal To Accept Settlement Offer. The Department shall dismiss a charge if it is satisfied that:

(1)the respondent has eliminated the effects of the civil rights violation charged and

taken steps to prevent its repetition; or

(2)the respondent offers and the complainant declines to accept terms of settlement

which the Department finds are sufficient to eliminate the effects of the civil rights violation charged and prevent its repetition.

When the Department dismisses a charge under this Section it shall notify the complainant that he or she may seek review of the dismissal order before the Commission. The complainant shall have 30 days from receipt of notice to file a request for review by the Commission.

In determining whether the respondent has eliminated the effects of the civil rights violation charged, or has offered terms of settlement sufficient to eliminate same, the Department shall consider the extent to which the respondent has either fully provided, or reasonably offered by way of terms of settlement, as the case may be, the relevant relief available to the complainant under Section 8A-104 of this Act.

(E)Public Act 89-370 applies to causes of action filed on or after January 1, 1996.

(F)The changes made to this Section by Public Act 95-243 apply to charges filed on or after the effective date of those changes.