It comes days after a memo that would require people to legally identify with the gender on their birth certificate.

On Wednesday, the Justice Department told the US Supreme Court that businesses would not be violating federal law to discriminate against workers based on gender identity. According to Bloomberg Law, Solicitor General Noel Francisco said that a civil rights law banning sex discrimination in the workplace doesn't apply to transgender bias.

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The statement was made in response to a case in which transgender worker, Aimee Stephens sued a Michigan funeral home for discrimination when they fired her. Although the Equal Employment Opportunity Commission successfully sued on behalf of Stephens in the US Court of Appeals, the funeral home is asking the Supreme Court to overturn the decision. It is the Justice Department's role to represent the government before the Supreme Court.

The Supreme Court will decide in the coming months whether to take the case. The Justice Department has also asked them to decide whether to take two other cases that question whether the law applies to sexual orientation before deciding to take Stephens' case. The ACLU will represent Stephens if the high court takes her case.

“This administration is not a friend of the LGBT community,” Greg Nevins of Lambda Legal said. “They can say what they’re going to say, but the courts will have the final word.”

This comes days after the a memo was leaked from the Department of Health and Human Services that seeks to legally define sex as biological.