We filed charges of discrimination against two downstate Walmart stores with the Illinois Department of Human Rights on behalf of Skyler Hyatt, who was denied service because he is transgender as he sought to cash a money order.
In October 2021, Skyler Hyatt went to Walmart in Lawrenceville to cash a money order made out to his legal name “Melissa.” Along with the money order, he provided his valid Illinois driver’s license which had the same legal name, a picture that reflected his appearance with short hair and facial hair, and gender marked as Male. Despite having matching identity documents, Walmart denied him service. Two days later, Mr. Hyatt went to Walmart in Olney and again, tried to cash the money order with his valid Illinois driver’s license but was denied service again. The next day, Mr. Hyatt and his wife went to a local bank, opened an account, and had no trouble cashing the money order with his driver’s license.
Walmart’s repeated denial of service to Mr. Hyatt violated the Illinois Human Rights Act which prohibits places of public accommodation from discriminating on the basis of gender identity and sex. The charges were filed on August 12, 2022, and on May 10, 2023, the Illinois Department of Human Rights dismissed the charges for a lack of substantial evidence.
On May 29, 2024, in unanimous decisions, the Illinois Human Rights Commission reversed and found that there was substantial evidence that both Walmart stores discriminated against Mr. Hyatt because of his gender identity and sex. The Commission found there was substantial evidence of discrimination when the Walmart manager in Lawrenceville made a disgusted face when she saw Mr. Hyatt’s driver’s license, rolled her eyes after Mr. Hyatt disclosed that he was transgender, and denied his request to cash his money order. The Commission also found substantial evidence of discrimination when two days later, the Walmart in Olney denied Mr. Hyatt’s money order because the Walmart in Lawrenceville had “red-flagged” it.
These decisions affirm that a more “holistic” or common-sense approach should be used when evaluating evidence of discrimination by places of public accommodation, like Walmart. In this case, the evidence reflected that Walmart repeatedly denied services to Mr. Hyatt because he was a transgender man.
