Settlement Agreement Between The United States Of America And The Bellwood Public Library

  1. The parties to this Agreement are the United States of America and the Bellwood Public Library. The United States of America is referred to hereinafter as the "United States." The United States Department of Justice is referred to hereinafter as the "Department."
  2. The Bellwood Public Library is referred to hereinafter as the "Bellwood Library." The charging party is referred to hereinafter as "xxxxx xxxxxxxx." The Equal Employment Opportunity Commission is referred to hereinafter as the "EEOC." Title I of the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. ァァ 12111 et seq., is referred to hereinafter as the "ADA."

    The parties hereby agree as follows:

    FACTUAL AND JURISDICTIONAL BACKGROUND

  3. The charging party filed a charge of discrimination with the EEOC on February 2, 1995, charge No. 210 95 1685, alleging that she was discriminated against on the basis of disability in violation of title I of the ADA by the Bellwood Library. Specifically, The charging party alleges that as a result of filing a workman's compensation claim, the Bellwood Library learned the nature of her disability (depression), subject her to disparaging remarks and gestures, and ultimately terminated her.
  4. On November 12, 1998, the EEOC issued its determination that there was reasonable cause to believe that the Bellwood Library violated title I of the ADA. After conciliation efforts between the Bellwood Library and the EEOC failed, the EEOC referred The charging party' charge to the Department with a recommendation that the Department file suit.
  5. The ADA applies to the Bellwood Library because it is a person within the meaning of 42 U.S.C. ァ 12111(7) and an employer within the meaning of 42 U.S.C. ァ 12111(5)(a).
  6. The United States alleges that the Bellwood Library violated title I of the ADA by, among other ways, making unlawful and derogatory medical inquiries concerning The charging party based upon disability and subjecting The charging party to disparaging remarks and gestures on the basis of her mental disability.

    GENERAL AGREEMENT

  7. The parties have determined that their respective interests can be met without engaging in protracted litigation to resolve this dispute and have therefore voluntarily entered into this Agreement.
  8. The Bellwood Library agrees that it will abide by all of the requirements of the ADA. The Bellwood Library denies that any action it has taken constitutes a violation of the ADA. This Agreement shall not be construed as an admission of liability by the Bellwood Library.
  9. The Bellwood Library also specifically agrees that it will not discriminate in violation of the ADA on the basis of disability, including a mental impairment such as depression, against a qualified individual with a disability.

    SPECIFIC RELIEF TO BE OFFERED BY THE BELLWOOD LIBRARY

  10. On or before August 30, 2000, the Bellwood Library will offer to pay $14,000.00 to The charging party as compensatory damages for any losses sustained as a result of the Bellwood Library's alleged actions.
  11. The Bellwood Library will send a copy of this Agreement and Exhibits 1 and 2 attached hereto, to The charging party. Exhibit 1 provides that in order to accept the relief offered, The charging party must return an executed RELEASE OF ALL CLAIMS, (Exhibit 2) to the Bellwood Library in care of its counsel within (30) days of The charging party' receipt of said documents.
  12. The Bellwood Library will send the undersigned counsel for the United States a copy of Exhibits 1 and 2 when they are sent to The charging party. If The charging party accepts the Bellwood Library's offer to pay $14,000.00, the Bellwood Library will pay The charging party within fifteen (15) days of receipt of her signed RELEASE OF ALL CLAIMS.

    NOTIFICATION

  13. The Bellwood Library will notify the undersigned counsel for the Department when it has completed the actions described in paragraphs 10-12. If The charging party accepts the Bellwood Library's offer to pay $14,000.00, the Bellwood Library will provide the undersigned counsel a copy of the check and transmittal letter sent to her.
  14. Within ninety(90) days of receiving from the Bellwood Library a copy of the offer letter to be sent to The charging party by the Bellwood Library according to this Agreement, the United States will issue to The charging party a notice of right to sue on EEOC charge No. 210 95 1685, pursuant to 42 U.S.C. ァ 12117(a) and 42 U.S.C. ァ 2000e-5(f)(1).

    IMPLEMENTATION

  15. The Attorney General is authorized, pursuant to Section 107(a) of Title I, 42 U.S.C. ァ 12117(a), to institute a civil action against a state or local government employer when the EEOC has determined that there is reasonable cause to believe that a charge of employment discrimination is true, and the EEOC has been unable to secure an acceptable conciliation agreement. These preconditions exist with respect to EEOC charge No. 210 95 1685. In consideration for the offer of relief to The charging party, as set forth above, the Attorney General will not institute any civil action alleging employment discrimination on the basis of EEOC charge No. 210 95 1685 filed by The charging party. OTHER PROVISIONS
  16. The Department of Justice may institute a civil action in the appropriate U.S. District Court to enforce this Agreement, if the Department believes that this Agreement or any requirement thereof has been violated. The Department may review compliance with this Agreement at any time. If the Department believes that this Agreement or any portion of it has been violated, it will raise its concern(s) with the Bellwood Library and the parties will attempt to resolve the concern(s) in good faith. The Department will give the Bellwood Library twenty-one (21) days from the date it notifies the Bellwood Library of any breach of this Agreement to cure that breach, prior to instituting an enforcement action.
  17. Failure by the Department to enforce this entire Agreement or any provision thereof with regard to any provision herein shall not be construed as a waiver of its right to do so with regard to other provisions of this Agreement.
  18. A signatory to this document in a representative capacity for either party represents that he or she is authorized to bind that party to this Agreement.
  19. This Agreement is a public document and constitutes the entire agreement between the parties on the matters raised herein.

    EFFECTIVE DATE/TERMINATION DATE

  20. The effective date of this Agreement is the date of the last signature below.

For the Bellwood Public Library:

__________________________      Date:__________
Michael Duggan
Klein, Thorpe and Jenkins, Ltd.
180 North La Salle Street
Chicago, Illinois 60601
(312) 984-6414

For the United States of America:

Bill Lann Lee
Assistant Attorney General for Civil Rights



BY:__________________________      Date:__________
   John L. Wodatch, Chief
   L. Irene Bowen, Deputy Chief
   Alyse S. Bass, Attorney
   Disability Rights Section
   Civil Rights Division
   U.S. Department of Justice
   P.O. Box 66738
   Washington, D.C. 20035-6738
   (301) 616-9511

EXHIBIT 1

VIA CERTIFIED MAIL,
RETURN RECEIPT REQUESTED

xx. xxxxx xxxxxxxx
xxxxxxxxxxxxxxxxxxxx, xxxxxxxx
xxxxxxx xxxxx, Illinois xxxxx

Re: DJ: 205-23-33, xxxxx xxxxxxxx v. Bellwood Library,
EEOC Charge No. 210 95 1685

Dear xxxxx xxxxxxxx:

      The United States and the Bellwood Public Library have entered into a Settlement Agreement with the intent of resolving the above-captioned matter. A copy of the Settlement Agreement is enclosed.

      Pursuant to the Settlement Agreement, the Bellwood Public Library offers you payment of $14,000.00, which shall be considered compensatory in nature.

     In order to accept the Bellwood Public Library's offer to you, you must communicate your acceptance to Bellwood Library, by executing the enclosed RELEASE OF ALL CLAIMS and by returning it to the Bellwood Library within thirty (30) days of your receipt of this letter. You must send your RELEASE OF ALL CLAIMS by mail to:

Mr. Michael Duggan
Klein, Thorpe and Jenkins, Ltd.
180 North La Salle Street
Chicago, Illinois 60601
(312) 984-6414

      As set forth in paragraphs 15 and 16 of the Settlement Agreement, the United States will, within ninety (90) days after it receives a copy of this letter, issue to you a notice of your right to sue on EEOC charge No. 210 95 1685. In consideration for the offer of relief to you, as set forth in the Settlement Agreement, the Attorney General has agreed not to institute a civil action alleging employment discrimination on the basis of EEOC charge No. 210 95 1685 filed by you. If you accept the relief being offered to you pursuant to the Settlement Agreement, and so signify your acceptance by executing the enclosed RELEASE OF ALL CLAIMS, you will thereby agree not to exercise your right to file suit on that charge.

     If you have any questions concerning the Settlement Agreement, you may call or write to the following attorney at the U.S. Department of Justice:

Alyse S. Bass
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington, D.C. 20035-6738
(202) 616-9511

Sincerely, Michael Duggan
Counsel

Enclosures

EXHIBIT 2 RELEASE OF ALL CLAIMS

      For and in consideration of the acceptance of the relief offered to me by the Bellwood Public Library pursuant to a Settlement Agreement between the United States of America and the Bellwood Library:

      I, xxxxx xxxxxxxx, release and discharge the Bellwood Public Library and its current, former, and future agents, employees, officials, and designees, of and from all legal and equitable claims, known or reasonably available to me at this time, arising out of or related to my employment with the Bellwood Public LibraryorEEOC charge No. 210 95 1685 which I filed with the Equal Employment Opportunity Commission on or about February 2, 1995. I further agree that I will not exercise my right to institute against the above entities any civil action alleging employment discrimination on the basis of EEOC charge No. 210 95 1685, or any of the facts alleged therein.

      I understand that the payment offered to me does not constitute an admission by the Bellwood Library of the validity of any claim raised by me or on my behalf.

      I acknowledge that a copy of the Settlement Agreement between the Bellwood Library and the United States of America resolving the matter between them has been made available to me.

I HAVE READ THIS RELEASE AND UNDERSTAND THE CONTENTS THEREOF AND I EXECUTE THIS RELEASE OF MY OWN FREE ACT AND DEED.

Signed this ______ day of _________________, 2000.

___________________________________
xxxxx xxxxxxxx

Social Security Number ____________

Subscribed and sworn to before me this

____________ day of _____________, 2000.

________________________________
Notary Public

My Commission expires on: ________________________________

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Updated August 6, 2015

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