Exxon Mobil has been charged with violating Illinois' ban on workplace discrimination based on sexual orientation.

Freedom to Work filed the complaint on Wednesday with the Illinois Department of Human Rights.

According to the complaint, Exxon Mobil was sent nearly identical resumes from a straight and a gay applicant for the same post. The gay applicant appeared to be better qualified.

Exxon Mobil reached out to the straight candidate three times and ignored the gay candidate.

“Exxon has repeatedly claimed they do not discriminate,” said Freedom to Work President Tico Almeida. “We are bringing forward proof they've broken the law, and we're hopeful this compelling case will move them over the tipping point.”

The charges come one week before a shareholders meeting in Dallas will consider a resolution proposed by New York Comptroller Thomas DiNapoli which would ban discrimination based on sexual orientation and gender identity as part of the company's equal employment opportunity policy.

Such a resolution has been defeated every year since 1999.

Appearing on cabler Current's Viewpoint, Almeida said his group would drop its lawsuit if Exxon Mobil adopted the policy.

“If they will do that, we will settle this case tomorrow,” Almeida said. But “I think they're going to drag this out for a long time.” (The video is embedded on this page. Visit our video library for more videos.)