SETTLEMENT AGREEMENT UNDER THE AMERICANS WITH DISABILITIES ACT BETWEEN THE UNITED STATES OF AMERICA AND DECATUR PARK DISTRICT, DECATUR, ILLINOIS BACKGROUND 1. This case stems from a referral to the United States Department of Justice (the "Department") from the Equal Employment Opportunity Commission ("EEOC") in accordance with Section 107 of title I of the ADA, 42 U.S.C.  12117, upon a finding of reasonable cause and an unsuccessful effort to conciliate. 2. The charging party ("Complainant") alleged that the Decatur Main Hangar Restaurant and its owner and operator, the Decatur Park District ("Decatur"), discriminated against him by terminating him from his position as a waiter because of his disability (Acquired Immune Deficiency Syndrome (AIDS)), in violation of title I of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C.  12111 et seq., and its implementing regulation, 29 C.F.R. pt. 1630. 3. The position of Decatur is that Complainant was a probationary employee and was discharged for poor job performance during the three week period from the date of his employment on February 1, 1994, to the date of his discharge February 22, 1994. 4. The position of the EEOC and the Department of Justice, after investigation, is that Decatur terminated Complainant because he had HIV/AIDS, thereby discriminating against him on the basis of disability in violation of section 102 of title I of the ADA, 42 U.S.C.  12112, and the title I regulation, 29 C.F.R. pt. 1630. THE PARTIES 5. To resolve this matter without litigation, the parties have agreed to settle this matter according to the terms set forth below. The parties to this Settlement Agreement ("Agreement") are the United States of America and Decatur Park District, a municipal corporation governed by a Board of Park Commissioners located in Decatur, Illinois. The Decatur Park District owns and operates the Decatur Airport Main Hangar Restaurant. 6. The Restaurant and the Park District, referred to collectively as "Decatur," are employers or agents of employers within the meaning of section 101(5) of the ADA, 42 U.S.C.  12111(5), and its implementing regulation, 29 C.F.R.  1630.2(e), and are covered entities within the meaning of section 101(2) of the ADA, 42 U.S.C.  12111(2), and its implementing regulation, 29 C.F.R.  1630.2(b). 01-05132 7. Complainant has Acquired Immune Deficiency Syndrome (AIDS), and is a person with a disability within the meaning of the ADA. 42 U.S.C.  12102(2) and 29 C.F.R.  1630.2(g). 8. Complainant is a qualified individual with a disability as defined by sections 101(8) of the ADA, 42 U.S.C.  12111(8) and its implementing regulation, 29 C.F.R.  1630.2(m). ACCORDINGLY, IT IS HEREBY AGREED THAT: 9. Within ten (10) days of the date of this Agreement, Decatur shall send to Complainant by certified mail, return receipt requested, a check payable to him in the amount of $17,500 as compensatory damages. Decatur shall mail a photocopy of the check to the Department of Justice. 10. Within thirty (30) days of the date of this Agreement, Decatur shall include in its employee handbook, and any other personnel manual Decatur produces or utilizes, a policy of non- discrimation in employment against individuals with disabilities, including individuals who are HIV-positive or who have AIDS (attached hereto as Exhibit A). 11. Within ninety (90) days of the date of this Agreement, Decatur shall sponsor a training program for employees in all food service facilities owned or operated by Decatur, including the Decatur Main Hangar Restaurant. Decatur shall sponsor this training program once yearly for the duration of this Agreement (see Paragraph 15). The training program will include HIV/AIDS transmission training, with an emphasis on the food and drink industry; general HIV/AIDS sensitivity and awareness training, and an explanation of the requirements of the ADA with respect to individuals with HIV/AIDS. ENFORCEMENT 12. The Attorney General is authorized to bring a civil action enforcing title I of the ADA in any situation where a pattern or practice of discrimination is believed to exist or a matter of general public importance is raised. In consideration of the terms of this Agreement, the Attorney General agrees to refrain from taking more formal enforcement action in this matter. 13. All terms of this Agreement shall become enforceable in federal district court and the Attorney General is authorized to seek civil penalties, pursuant to 42 U.S.C.  12188(b)(2)(C). Failure by the Department of Justice to enforce this entire Agreement with regard to any deadline herein shall not be construed as a waiver of its right to do so with regard to future deadlines and provisions of this Agreement. The Department of Justice may review compliance with this Agreement at any time. 2 01-05133 If the Department believes that this Agreement or any requirement thereof has been violated, it may institute a civil action for relief in federal district court. PUBLIC AGREEMENT 14. This document is a public agreement. A copy of this Agreement or any information contained herein may be made available to any person. Decatur or the Department of Justice shall provide a copy of this Agreement to any person upon request. EFFECTIVE DATE 15. This Agreement shall become effective as of the date of the last signature below and shall remain in effect for two years from that date. This Agreement shall be binding on all of Decatur's successors in interest, and Decatur has a duty to so notify all such successors in interest. SCOPE OF AGREEMENT 16. This Agreement constitutes the entire agreement between the parties on the matters raised herein, and no other statement, promise or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written Agreement shall be enforceable. This Agreement does not affect Decatur's continuing responsibility to comply with all aspects of the Americans with Disabilities Act. 3 01-05134 17. A signor of this document in a representative capacity for a partnership, corporation, or other such entity, represents that he or she is authorized to bind such partnership, corporation or other entity to this Agreement. For the United States: Deval L. Patrick Assistant Attorney General (Signature) By:_______________________ Date: July 11,1996 (handwritten) JOHN L. WODATCH ALLISON J. NICHOL SHEILA M. FORAN Attorneys Disability Rights Section Civil Rights Division U.S. Department of Justice P.O. Box 66738 Washington, D.C. 20035-6738 (202) 616-2314 For Decatur Park District, Decatur, Illinois: By:___________________________ Date: 6-24-96 (handwritten) WILLIAM CLEVENGER Executive Director Decatur Park District 620 East Riverside Decatur, Illinois 62521 (217) 422-5911 4 01-05135 EXHIBIT A POLICY OF NON-DISCRIMINATION ON THE BASIS OF DISABILITY (HIV/AIDS) The Americans with Disabilities Act prohibits discrimination in employment against qualified individuals with disabilities, including those who are HIV-positive or who have AIDS. The Decatur Park District is fully committed to providing equal employment opportunity to qualified individuals with disabilities, including those who are HIV-positive or who have AIDS. Therefore, persons who are HIV-positive or who have AIDS will be given employment opportunities and benefits equal to those of other persons who apply for positions with or are hired by the Decatur Park District. In particular, there shall be no discrimination under the Americans with Disabilities Act by the food service facilities owned or operated by the Decatur Park District in the hiring or treatment of applicants or employees who are HIV-positive or who have AIDS. 01-05136