* Press release…

Attorney General Kwame Raoul today announced an Illinois appellate court’s opinion in Hobby Lobby v. Sommerville that reaffirms the rights of transgender individuals under the Illinois Human Rights Act.

The 2nd District Appellate Court issued the opinion in response to Hobby Lobby’s appeal of a previous Illinois Human Rights Commission’s determination. The commission had found that Hobby Lobby violated the Illinois Human Rights Act when it denied Meggan Sommerville, a transgender woman, use of the women’s bathroom at the store where she works. The court affirmed the commission’s determination that Hobby Lobby violated articles two and five of the Human Rights Act, which prohibit discrimination based on gender identity in the terms and conditions of employment and in the provision of facilities in a place of public accommodation. The commission had awarded Sommerville $220,000 in damages and required Hobby Lobby to grant Sommerville access to the women’s bathroom.

“Nobody deserves to be discriminated against or feel unsafe in their workplace due to their gender identity,” Raoul said. “I applaud the court for reaffirming the Illinois Human Rights Commission’s determination and the rights of transgender individuals in Illinois. Discrimination of any kind has no place in our society, and I will continue to protect the rights of transgender individuals and fight to hold all employers accountable for following antidiscrimination laws.”

Sommerville, a transgender woman, has worked at Hobby Lobby’s East Aurora, Illinois location since the early 2000s. In 2007, she began transitioning from male to female. In early 2010, she legally changed her name, began presenting as female at work, and formally informed Hobby Lobby of her transition and her intent to begin using the women’s bathroom at the store where she works. Hobby Lobby refused to allow Sommerville to use the women’s bathroom.

In February 2013, Sommerville filed complaints with the Illinois Human Rights Commission alleging she had been discriminated against on the basis of her gender identity. In its appeal of the commission’s determination, Hobby Lobby argued that its policy of regulating bathroom access based upon the users’ “sex” – which, it contended, references users’ reproductive organs and structures – does not violate the Illinois Human Rights Act. Hobby Lobby also argued that the damages awarded by the commission were excessive.

The Attorney General’s office represented the Illinois Human Rights Commission and argued that the commission’s determination was correct because Hobby Lobby’s refusal to allow Sommerville to use the women’s bathroom because she is a transgender woman – which resulted in her being treated differently from other women in the store based solely on her gender identity – falls within the Illinois Human Rights Act’s definition of “unlawful discrimination.” As Raoul explained, the law defines “sex” as “the status of being male or female,” and does not draw distinctions based on reproductive organs, genetic information, or the sex marker used on a birth certificate. Raoul also argued that Hobby Lobby could stigmatize Sommerville by requiring her to use a single-occupant, unisex bathroom that, during the litigation, was built at the store where she works.

Supervising Attorney Evan Siegel handled the matter for Raoul’s Civil Appeals Bureau.

Attorney General Raoul encourages individuals to report instances of discrimination or harassment by calling his Civil Rights Hotline at 1-877-581-3692.

The decision is here.

…Adding… Press release…

“I’m pleased to see the court recognize Hobby Lobby’s stance against its employee as what it is: discrimination based on gender-identity,” said Governor JB Pritzker. “Ours is a welcoming and inclusive state, and the Illinois Department of Human Rights will go toe to toe with any employer or business that tries to treat individuals differently because of their identity. Just last month, I convened a round table with leaders in the state’s transgender, nonbinary, and gender nonconforming community to connect with those on the ground, fighting these fights every day, on the work still left to do. In our continued efforts to shape a safer Illinois, my administration is on a mission to lift up and empower those who too often have been overlooked or forgotten.”

“The Sommerville decision couldn’t have been better for the transgender community in Illinois,” said IDHR Director Jim Bennett. “It means that trans individuals have strong protection from discrimination under the Illinois Human Rights Act. Ms. Sommerville’s experience of discrimination is certainly not unique, as too many of our transgender friends and neighbors continue to face acts of discrimination and hate. With this decision, the IDHR has been given a clear path to enforce the Commission’s orders concerning the rights of trans persons. It is our expectation that Hobby Lobby will comply with the Court’s opinion and allow Ms. Sommerville to exercise her right to use the women’s bathroom.”

…Adding… Press release…

In a case of first impression, the Illinois Second District Appellate Court of Illinois issued an opinion today upholding the decision of the Illinois Human Rights Commission (IHRC) decision under the Illinois Human Rights Act in favor of Meggan Sommerville, a transgender woman, to gain access to the women’s facilities at work that match her gender identity.

Sommerville, a Hobby Lobby employee for more than 23 years, was forced to use the men’s restroom or wait until her lunch break to use a women’s facility at a nearby business after she transitioned on the job. In 2011, Sommerville filed a complaint with the Illinois Department of Human Rights and subsequently with the IHRC which upheld an administrative judge’s findings that Hobby Lobby violated the Illinois Human Rights Act and awarded her damages of $220,000. Hobby Lobby appealed the decision of the Commission and refused to comply with the order that she be permitted to us the bathroom at work while its appeal was pending.

Meggan Sommerville, “I really want to thank the court for the power of its decision. Today, we are seeing anti-transgender legislation all over the country but today I am overjoyed that I live in a State that has such absolute protections for its transgender citizens. The language of the Court’s decision is so clear that it will have positive ramifications across the US.”

Jacob Meister, an attorney for Sommerville says, “Today is a great day in Illinois for transgender rights. With its decision, the Illinois courts have made clear that Illinois law mandates equal treatment for transgender citizens and that those, like Hobby Lobby who discriminate will be held accountable.”

Illinois State Representative Sam Yingling, who represents a portion of the 2nd Appellate District said, “Illinois was one of the first states in the nation to afford full employment protections to the transgender community. I’m proud that Illinois leads the nation in protection of transgender rights. Meggan Sommerville has endured over a decade of abuse at work by Hobby Lobby solely because of her gender identity. But today the Illinois courts sent a clear message that discrimination on the basis of gender identity is not tolerated in Illinois.”