Is it legal to discriminate against an employee for being transgender? The Justice Department, the Equal Employment Opportunity Commission, and some courts say no. But in a motion filed in federal court, Saks & Co. says yes. In its filing, Saks asks that an ex-employee’s discrimination lawsuit be dismissed “because transsexuals are not a protected class under Title VII,” the part of the 1964 Civil Rights Act that bans employment discrimination based on race, religion, or sex…[T]he plaintiff, a transgender woman…alleges that she was instructed to “separate her home life from her work life” by behaving in a more masculine way, and ultimately was terminated because she spoke up…Saks’s motion denies the allegations…The LGBT civil rights group Human Rights Campaign [said] it was suspending Saks’s rating in HRC’s Corporate Equality Index in protest of Saks’s…legal arguments…[A]s Saks’s filing…illustrates, the EEOC’s or DOJ’s determination lacks the…force of a Supreme Court ruling or a…statute...