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(775 ILCS 5/7A-103) (from Ch. 68, par. 7A-103)
Sec. 7A-103. Settlement.
(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.
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(2) Upon finding substantial evidence to demonstrate
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| that a settlement has been violated, the Department shall file notice of a settlement order violation with the Commission and serve all parties.
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(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
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| civil rights violation charged and taken steps to prevent its repetition; or
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(2) the respondent offers and the complainant
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| 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.
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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.
(Source: P.A. 102-558, eff. 8-20-21.)
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