The Trump administration on Tuesday will urge a U.S. appeals court in Manhattan to rule that federal law does not ban discrimination against gay employees. The U.S. Department of Justice is supporting a New York skydiving company, Altitude Express Inc, in a lawsuit brought by former instructor Donald Zarda, who accused the company of firing him after he told a customer he was gay and she complained.
The case will require the 2nd U.S. Circuit Court of Appeals to decide whether discrimination against gay workers is a form of unlawful sex bias under Title VII of the Civil Rights Act of 1964. That law bans discrimination based on workers’ sex, race, religion and other traits.