Lambda Legal, on July 27, announced that it is filing a federal lawsuit in the U.S. District Court for the Northern District of Illinois against a Chicago-area senior housing facility for discriminating against a resident because of her sex and sexual orientation.
Karen Loewy, senior attorney and seniors program strategist for Lambda Legal, made the announcement at the federal courthouse in downtown Chicago.
The case was filed on behalf of Marsha Wetzel, 68, a lesbian who moved into the Glen St. Andrew Living Community in Niles in November 2014. Wetzel alleges that since early 2015, she has been subject to repeated harassment by other residents, including physical assaults, for being a lesbian, as well as retaliation after lodging complaints
According to the complaint, Wetzel was called repeated homophobic slurs by other residents, and injured on two occasions, once when the mobility scooter she uses was knocked over, and the other time when she was hit over the head while retrieving her mail.
The suit asks for punitive and emotional distress damages from the facility and its officials. According to Loewy, the suit is one of the first claiming Title IX-based discrimination on behalf of an LGBT senior.
"This case is part of increasing recognition by both courts and agencies across the country that legal prohibitions of sex discrimination apply to LGBT people, alongside explicit protection against discrimination based on sexual orientation," said Loewy. "This case is [also] among the first opportunities for the courts to address those issues in the context of senior housing.
"We know that these issues are going to keep arising. The numbers of LGBT seniors accessing senior facilities is only going to increase. Recent estimates suggest that by 2030 there will be over three million LGBT senior adults in America," she noted.
Loewy also said that Lambda Legal wants to see the facility end the discrimination, dismantle the atmosphere of harassment and institute staff trainings to address future problems.
"This is a great opportunity for the courts to send a message across the country," she added.