Employer’s transgender bathroom ban violates Illinois Human Rights Act

A transgender person’s access to the bathroom associated with their new identity has become a hot-button issue in society at large. It was therefore no surprise that an Illinois court was asked to weigh in on the issue. In a landmark ruling, the Illinois Appellate Court for the Second District ruled an employer violated the Illinois Human Rights Act (IHRA) by denying a transgender woman the use of the women’s bathroom at work.

Framing the issue

Meggan Sommerville was designated as a male at birth and given a boy’s name. He was hired by Hobby Lobby in July 1998. A few years later, Sommerville was transferred to the company’s store in East Aurora, Illinois.

In 2007, Sommerville began transitioning from male to female. She disclosed her female gender to some Hobby Lobby staff in 2009 and also began medical treatment that resulted in female secondary sex characteristics such as breasts and the absence of facial hair.

In early 2010, Sommerville began to use her female name and appear at work in feminine dress and makeup. No one at Hobby Lobby objected. In July 2010, she obtained a court order legally changing her name and a new Illinois driver’s license and Social Security card, both of which showed her new name and identified her as female.

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