The Trump administration has argued in a brief to the Supreme Court that firing transgender workers does not violate Title VII of the Civil Rights Act of 1964.

The U.S. Department of Justice on Friday filed a 54-page brief in a case involving a transgender worker who was fired from a funeral home in Michigan after she announced to her employer that she was transitioning.

(Related: Supreme Court to hear gay, transgender employment rights cases.)

The department argued in its brief that Title VII protections based on sex do not cover gender identity.

“As it stands, Title VII prohibits treating an individual less favorably than similarly situated individuals of the opposite sex,” the brief states. “It simply does not speak to discrimination because of an individual’s gender identity or a disconnect between an individual’s gender identity and the individual’s sex.”

“[Congress] has specifically addressed gender-identity discrimination in multiple other statutes, listing ‘gender identity’ separately from and in addition to ‘sex’ or ‘gender.' Many states have done the same. Yet in the face of (until recently) uniform circuit precedent construing ‘sex’ in Title VII not to encompass transgender status, Congress has consistently declined similarly to expand that statute – even while amending Title VII in other respects,” the department wrote.

The Equal Employment Opportunity Commission (EEOC) sued R.G. & G.R. Harris Funeral Homes in Michigan over its firing of Aimee Stephens. The case was the first at the appellate level to conclude that sex discrimination under Title VII covers bias against transgender employees.

According to a recent report in Bloomberg Law, the Justice Department has leaned on the EEOC to reverse its position on Title VII as it relates to transgender individuals. The position is a holdover from the Obama administration.

Harris Funeral Homes is represented by the Alliance Defending Freedom (ADF), which has previously argued before the Supreme Court that business owners with religious objections should be exempt from laws that prohibit discrimination based on sexual orientation and gender identity.

(Related: ADF calls reports that it supports criminalizing gay sex “fake news.”)