A lawsuit alleging anti-gay bias in hiring at ExxonMobil is still pending as President-elect Donald Trump taps Rex Tillerson, the CEO of ExxonMobil, for secretary of state.

The lawsuit was filed in 2013 by Freedom to Work.

According to a complaint initially filed with the Illinois Department of Human Rights, ExxonMobil was sent nearly identical resumes from a straight and a gay applicant for the same post. But while the gay applicant appeared to be better qualified, ExxonMobil reached out to the straight candidate three times and ignored the gay candidate.

In 2015, the department announced that it had found “substantial evidence” that ExxonMobil had discriminated based on sexual orientation, prompting Freedom to Work to file a complaint with the Illinois Human Rights Commission. A spokesman for the commission told the Washington Blade that the matter “is still pending.”

ExxonMobil repeatedly refused to adopt an LGBT non-discrimination hiring policy until 2014 when President Barack Obama issued an executive order barring contractors doing business with the federal government from discriminating on the basis of sexual orientation and gender identity in their hiring practices. (It should be noted that Trump could reverse this order.)

Richard Johnson, a professor of public administration at the University of San Francisco, told the Blade that he was “not confident” that Tillerson “will be the person to stand up to countries where a person can be imprisoned or killed for being LGBT. Indeed, his track record on stopping human rights violations is dubious at best.”