EAST ST. LOUIS - Employment regulators claim pig weaners Clare Schilling of New Athens and Drew Schilling of Smithton constructively discharged a transgender employee after transition from male to female.
U.S. Equal Employment Opportunity Commission filed a civil rights suit against their business, Sis-Bro, at district court on March 28.
The name of the business identifies the Schillings as sister and brother.
They wean baby pigs from mother pigs and convert their diet to foods they will eat as they grow up on hog farms.
According to commission trial attorney Jonathan Delozano of Chicago, they created and maintained a hostile environment because of the former employee’s sex and transgender status.
The commission processes many employment discrimination complaints because employees must seek relief from the commission before suing.
The commission rejects most claims and advises individuals when they may then sue on their own.
Occasionally, the commission litigates on behalf of the nation.
Prior to Sis-Bro, the commission had filed 35 cases at Southern Illinois district court in the last 33 years and a single case in the last five years.
Delozano's complaint identified the former employee as "Charging Party."
He claimed the commission sent the Schillings a letter on Sept. 8, finding reasonable cause to believe they violated civil rights and invited them to informal conciliation.
He claimed the commission engaged in communications to provide them an opportunity to remedy practices the letter described.
Delozano claimed the commission also sent them a notice of failure to conciliate on Sept. 18.
He claimed Sis-Bro constructively discharged Charging Party by making the workplace intolerable.
“Charging Party was assigned male at birth,” he wrote.
Delozano wrote that Charging Party used the name Rafael.
He claimed the individual began transitioning in 2018, and Sis-Bro allegedly engaged in unlawful practices from that time until the former employee separated from them in 2021.
Delozano claimed Clare Schilling addressed the individual as Rafael or Rafa instead of the name they chose.
He claimed Clare Schilling told them they were not a woman but rather a guy.
He added that a worker exposed his genitals to the individual, touched their breasts once and attempted to touch them on other occasions, and made explicit sexual comments.
Delozano claimed Sis-Bro was aware of the conduct because it was committed openly and at least some of it was reported.
He alleged malice or reckless indifference to the rights of Charging Party.
He requested permanent injunctions against maintaining a sexually hostile environment or retaliating against employees who oppose unlawful practices.
He requested an order to carry out policies and practices that provide equal opportunities for transgender persons and eradicate effects of past and present practices.
Delozano requested back pay with interest in amounts to be determined at trial and future employment opportunities for Charging Party.
He requested compensation for past and future losses from emotional pain, suffering, loss of enjoyment of life, humiliation, loss of self esteem and loss of civil rights.
He also requested punitive damages.
Regional commission attorney Gregory Gochanour of Chicago and general counsel Karla Gilbride of Washington approved the suit.