The Trump administration Department of Justice (DoJ) has inserted itself into a private lawsuit in an attempt to roll back anti-discrimination protections for LGBT Americans in the workplace. The administration has taken the unusual step of arguing for both sides of a civil rights case. At issue in Zarda v. Altitude Express, is whether Title VII protects workers from discrimination based on sexual orientation. In June, the Equal Employment Opportunity Commission filed an amicus brief arguing that Title VII, which bans discrimination based on sex, also applies to sexual orientation because "such claims necessarily involve impermissible consideration of a plaintiff's sex, gender-based associational discrimination, and sex stereotyping." This is the same position taken by the Department of Justice and EEOC under Obama. However, in July, the DOJ filed an amicus brief arguing the exact opposite. The DOJ now claims that "sex" as defined in Title VII does not include sexual orientation and that it is up to Congress to broaden the definition of sex. Previously, a three judge panel of the 2^nd Circuit agreed that Title VII does not protect workers from discrimination based on sexual orientation. Currently, the case is before the full 2^nd Circuit.

https://www.theatlantic.com/politics/archive/2017/07/title-vii/535182/

https://www.nytimes.com/2017/07/27/nyregion/justice-department-gays-workplace.html

https://www.washingtonpost.com/news/morning-mix/wp/2017/07/27/trump-administration-intervening-in-major-lgbt-case-says-job-bias-law-does-not-cover-sexual-orientation/?utm_term=.7ec179c731be