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(775 ILCS 5/7B-103) (from Ch. 68, par. 7B-103)
Sec. 7B-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 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 refer the matter to the Attorney General for enforcement in the circuit court in which the respondent or complainant resides or transacts business or in which the alleged violation took place.
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(D) Dismissal For Refusal To Accept Settlement Offer. The
Department may 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 aggrieved party
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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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(3) When the Department dismisses a charge under this
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| Section it shall notify the complainant that he or she may seek review of the dismissal order before the Commission. The aggrieved party shall have 30 days from receipt of notice to file a request for review by the Commission.
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(4) In determining whether the respondent has
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| 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 aggrieved party under Section 8B-104 of this Act with the exception of civil penalties.
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(E) This amendatory Act of 1995 applies to causes of action filed on or
after January 1, 1996.
(F) The changes made to this Section by this amendatory Act of the 95th General Assembly apply to charges filed on or
after the effective date of those changes.
(Source: P.A. 95-243, eff. 1-1-08.)
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