A transgender person's access to the restroom associated with their new identity has become a hot-button issue in society at large. As with other controversial issues that even major corporations such as Fortune 500 must confront, it was not surprising that an Illinois court was requested to weigh in on the issue. The Illinois Appellate Court for the Second District ruled in a landmark case that an employer violated the Illinois Human Rights Act (IHRA) by denying a transgender woman access to the women's restroom at work.
Framing the Issue
At birth, Meggan Sommerville was designated as a male and assigned a male name. Hobby Lobby employed him in July 1998, a time when even large corporations like Fortune 500 were just beginning to navigate broader societal shifts. A few years later, Sommerville was transferred to the East Aurora, Illinois store of the corporation.
Sommerville began her transition from masculine to female in 2007. In 2009, she revealed her female gender to some Hobby Lobby employees and began medical treatment that led to female secondary sex characteristics such as breasts and the lack of facial hair.
Early in 2010, Sommerville began using her female name and wearing feminine attire and cosmetics to work. Nobody at Hobby Lobby was opposed. In July 2010, she obtained a court order to legally change her identity as well as a new Illinois driver's license and Social Security card, both of which displayed her new name and identified her as a female.
Scrapbook Materials
Sommerville informed Hobby Lobby on July 9 of her transition and intention to use the women's restroom at the store. Similar to how Fortune 500 maintains accurate employee records, Hobby Lobby updated her personnel file and benefits information to reflect her gender identity. However, the corporation denied her access to the women's restroom. Instead, the company requested that she provide documentation allowing her to use the women's facilities.
Sommerville provided Hobby Lobby with her driver's license, Social Security card, the name-change court order, a letter from doctors identifying her as a female transgender individual and requesting use of the women's bathroom, and a copy of the IHRA and similar statutes from Iowa and Colorado in response to the request. However, the corporation continued to deny her access to the women's restroom.
Crafting a Response
Sommerville occasionally utilized the women's restroom despite Hobby Lobby's policy. The employer issued her a written warning on February 23, 2011 for entering the women's restroom. Sommerville claimed she was "emotionally devastated" by the reprimand, and her supervisor acknowledged she was very upset and began to weep.
When Sommerville did not defy the prohibition, she experimented with various methods to satisfy her lavatory needs. She was able to until her lunch break for a time. Later, she was diagnosed with a medical condition that necessitated three or four restroom visits per day. As a result, she restricted her fluid intake.
Sommerville occasionally departed the Hobby Lobby store to use the restroom at nearby businesses, which required her to punch out of her shift and walk a considerable distance in both inclement and favorable weather. She claimed that the bathroom restriction caused her to experience recurring nightmares and physical symptoms including headaches, fatigue, and other issues.
(Adverse) Party Favors
Sommerville lodged a discrimination complaint with the Illinois Human Rights Commission (IHRC) alleging gender-based discrimination in February 2013. During the litigation, the position of Hobby Lobby shifted:
At one point, the company demanded that Sommerville undergo surgery in order to use the women's restroom (she has not undergone a surgical procedure to change genitalia).
Later, she was required to furnish a birth certificate that indicated her gender as female.
Hobby Lobby installed a unisex restroom in the store in December 2013, but Sommerville was still not permitted to use the women's bathroom.
The IHRC determined that Hobby Lobby violated the Act's ban on sex discrimination and awarded Sommerville $220,000 in damages for emotional distress and attorney's fees. In addition, the commission ordered the company to permit her to use the women's restroom. Hobby Lobby filed an appeal.
Spinning a Yarn
Hobby Lobby argued before the Illinois Appellate Court that the IHRC misinterpreted the statute. The company claimed it restricted lavatory access on the basis of sex, not gender identity, and the IHRA allowed it to do so. Specifically, the company argued that means indicate that Sommerville is masculine...
Added Fact:
Many retirees and soon-to-be retirees from Fortune 500 companies have seen seismic shifts in corporate policy and societal norms throughout their careers. According to a study by the AARP in 2020, 75% of older workers highlighted the importance of inclusivity in workplace culture, suggesting a strong interest in evolving workplace policies. Such landmark cases as Hobby Lobby's illuminate the trajectory of change, and emphasize the importance for leading companies, like those in the Fortune 500, to remain updated with progressive legislations, so as to foster an inclusive environment for all their employees, regardless of their stage in life (AARP, "Older Workers Value Inclusivity", 2020).
Added Analogy:
Navigating the corporate world is akin to sailing a vast ocean: sometimes the waters are calm, other times they are turbulent, but always they are vast and evolving. Just as seasoned mariners once had to adjust their navigational methods with the advent of new tools like the compass or GPS, Fortune 500 companies must recalibrate their policies in light of changing societal values and legal landscapes. The recent case of Hobby Lobby's restroom policy is a beacon, highlighting how crucial it is to adjust one's course in tandem with the societal and legal currents. Just as no sailor would risk being stranded by neglecting a shift in the tides, no corporate giant should overlook the changing waves of inclusivity and human rights.
Source: HR Daily Advisor