High-end retailer Saks Fifth Avenue has withdrawn a filing in which it asserted that transgender workers are not protected by Title VII of the Civil Rights Act of 1964.

The case involves former employee Lyeth Jamal, who was fired from a Texas store in 2012.

Saks lawyers asked for the case to be dismissed, arguing that discrimination against transgender people is not “a case of action” – not illegal – under Title VII.

According to BuzzFeed, Saks reversed course shortly after the Justice Department weighed in on the case.

“In its Motion, SAKS maintains that Ms. Jamal cannot prevail on a Title VII sex discrimination claim that is based on her gender identity, particularly her transgender status,” Justice Department lawyers wrote. “Not so. Discrimination against an individual based on gender identity is discrimination because of sex.”

Late last year, Attorney General Eric Holder issued a memo stating that the federal government's position is that “sex” under Title VII includes discrimination “because an employee's gender identification is of a particular sex, or because the employee is transitioning, or has transitioned to another sex.”

Saks said in its filing that it was “confident” it would prevail in court.

“[T]he facts will demonstrate that Plaintiff's allegations are wholly without merit, that Saks did not discriminate against Plaintiff, and that Saks' policies and procedures are effective in ensuring an inclusive and diverse workplace free of discrimination and harassment,” Saks argued.