The US Department of Justice has failed to uphold LGBT rights as it made a decision to allow employers to fire employees on the basis of their sexuality.

On July 26, the DoJ ruled in a New York workplace discrimination case that the nation’s civil-rights laws do not protect against anti-LGBT discrimination. Donald Zarda attempted to sue his former company Altitude Express, after he was fired.

The company fired him after Zarda, who was a sky-driving instructor, told a female customer that he was gay in the hopes to make her feel less awkward about being strapped to her for a dive. The woman’s husband then complained about the comment, and Zarda was fired.

Zarda died before the case got to trial in a jumping accident, but estate executors persisted with it. They said that the company had violated Title VII of the Civil Rights Act of 1964, which outlaws discrimination among employees “because of sex”.

However, judges ruled that this Title did not cover discrimination on sexual orientation. The DoJ argued that if the Civil Rights Act were to explicitly cover sexual orientation, it should be passed through Congress. Read more via Pink News