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).
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        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.
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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.
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        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
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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.
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