The U.S. Department of Justice on Wednesday argued that Title VII of the CivilRights Act of 1964 doesn’t protect gay workers from discrimination, Buzzfeed reports.
The Justice Department, which is not named as a party in the case, filed an amicus brief with the US Court of Appeals to argue Title VII “does not” ban discrimination based on sexual orientation.
“The sole question here is whether, as a matter of law, Title VII reaches sexual orientation discrimination. It does not, as has been settled for decades,” the Justice Department’s brief says.
“Any efforts to amend Title VII’s scope should be directed to Congress rather than the courts,” the brief—filed under Attorney General Jeff Sessions—reads.
The brief was submitted in the case Zarda v. Altitude Express, filed in 2010 by skydiving instructor Donald Zarda (since deceased) who alleged his employer discriminated against him because of his sexual orientation. The Equal Employment Opportunity Commission supported Zarda last month, but the DOJ argued the federal agency “is not speaking for the United States.”