Hobby Lobby Stores, Inc. v. Sommerville

An employer violates the Illinois Human Rights Act by denying a transgender woman the use of the women's bathroom. Human Rights Commission adopted ALJ's recommendations finding that employer's bathroom policy discriminated against Plaintiff on the basis of gender identity, in violation of articles 2 and 5 of the Act, and awarding Plaintiff $220,000 in damages for her emotional distress and attorney fees. Damages award, based on pervasive nature of Plaintiff's daily humiliation and on its years-long duration, was not in contravention of the legislative intent of the Act and was not arbitrary or capricious. (ZENOFF and JORGENSEN, concurring.)