Illinois Compiled Statutes 775 ILCS 5/7A-103 – Settlement
Current as of: 2024 | Check for updates
|
Other versions
(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
(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.
Terms Used In Illinois Compiled Statutes 775 ILCS 5/7A-103
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(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
(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.
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.