![]() 2021 IL App (2d) 190362 ♢ Hobby Lobby appeals, arguing that its policy of regulating bathroom access based upon users’ “sex”-which, it contends, means their reproductive organs and structures-does not violate the Act. ![]() It awarded the respondent, Meggan Sommerville, damages and injunctive relief requiring Hobby Lobby to grant Sommerville access to the women’s bathroom. The Human Rights Commission (Commission) found that the petitioner, Hobby Lobby Stores, Inc., violated both article 2 of the Act (prohibiting discrimination based on, among other things, gender identity, in the terms and conditions of employment) and article 5 (prohibiting such discrimination in the provision of facilities in a place of public accommodation). (West 2010)) by denying a transgender woman the use of the women’s bathroom. OPINION ♡ This appeal raises an issue of first impression in Illinois: whether an employer violates the Illinois Human Rights Act (Act) (775 ILCS 5/1-101 et seq. Justices Zenoff and Jorgensen concurred in the judgment and opinion. ) _ JUSTICE SCHOSTOK delivered the judgment of the court, with opinion. 2011-CN-2993 and ) 2011-CN-2994 MEGGAN SOMMERVILLE and THE ) HUMAN RIGHTS COMMISSION, ) ) Respondents. 2-19-0362 Opinion filed Aug_ IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT _ HOBBY LOBBY STORES, INC., ) On Petition for Administrative Review ) from the Illinois Human Rights Commission.
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