Trump administration is asking the Supreme Court to set a legal precedent that would make it okay for employers to fire transgender employees.
The Justice Department argues that Title VII of the Civil Rights Act of 1964 only protects workers from discrimination based on their “biological sex” in a brief filed Friday, according to HuffPost.
“Title VII does not prohibit discrimination against transgender persons based on their transgender status,” the Justice Department wrote. “It simply does not speak to discrimination because of an individual’s gender identity or a disconnect between an individual’s gender identity and the individual’s sex.”
The court responds: “Discrimination against employees, either because of their failure to conform to sex stereotypes or their transgender and transitioning status, is illegal under Title VII,” the court said. “It is analytically impossible to fire an employee based on that employee’s status as a transgender person without being motivated, at least in part, by the employee’s sex.”
A final decision has yet to be made.