Sec. 8-105. Settlement.

484 words·~2 min read·/il/chapter-775/act-5/8-105

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

(A)Approval.

(1)When a proposed settlement is submitted by the Department, the Commission, through a

panel of 3 members, shall determine whether to approve its terms and conditions.

(2)A settlement of any complaint and its underlying charge or charges may be

effectuated at any time upon agreement of the parties, with or without the Commission's approval, and shall act as a full and final resolution of the matter. If the parties desire that the Commission retain jurisdiction over the matter for purposes of enforcing the terms of the settlement, the terms shall be reduced to writing, signed by the parties, and submitted to the Commission for approval. The Commission, through a panel of 3 members, shall determine whether to approve the settlement.

(3)Approval of the settlement shall be accomplished by an order, served on the parties

and the Department, in accord with the written terms of the settlement.

(B)Violation. When the Department files notice of a settlement order violation, the Commission, through a panel of three members, may either order the Department to seek enforcement of the settlement order pursuant to paragraph

(C)of Section 8-111 or remand for any type of hearing as it may deem necessary pursuant to paragraph

(D)of Section 8A-103.

(C)Dismissal for Refusal to Accept Settlement Offer. The Commission shall dismiss a complaint and the underlying charge or charges of the complaint if the Commission is satisfied that:

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

taken steps to prevent repetition of the violation; or

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

that the Commission determines are sufficient to eliminate the effect of the civil rights violation charged and to prevent repetition of the violation.

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 Commission 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.

At any time after the service of a complaint pursuant to Section 8A-102 of this Act, and prior to service of a decision prepared pursuant to Section 8A-102(I), a respondent may move for a recommended order dismissing a complaint and the underlying charge or charges for complainant's refusal to accept terms of settlement that are sufficient to eliminate the effects of the civil rights violation charged in the complaint and to eliminate repetition of the violation. Respondent's motion and complainant's reply, if any, shall comply with the requirements for summary decision set forth in Section 8-106.1 of this Act.

(D)This amendatory Act of 1996 applies to causes of action filed on or after January 1, 1996.