Illinois General Assembly - Illinois Compiled Statutes

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775 ILCS 5/8-105

(775 ILCS 5/8-105) (from Ch. 68, par. 8-105)

Sec. 8-105. Settlement.

(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.

(Source: P.A. 101-661, eff. 4-2-21.)