that is at the heart of a confusing legal battle between former saks fifth avenue employee leyth jamalnd its parent company hudson bay. the company wants a federal court in texas to dismiss a discrimination lawsuit filed by leyth jamal and the company agrees that title vii does protect all people from sexual discrimination and adds that law does not pertain in this case which is about gender identity and transgender status. jamaal charges she was ordered to stop expressing her gender identity on the job and was called a prostitute in front of store customers. she says she was fired. saks says it's committed to lgbt equality. the justice department and the eeoc announced title vii does indeed cover gender identity. all right. what is going on with saks? i don't get it. they say they are pro lgbtq and drop off the t because by the same token, they are trying to get this lawsuit dismissed? >> well what saks is demonstrating they are hypocrites. saks has a nondiscrimination policy and they are reneging on it but they had a policy that they believed all lgbt people from free from discrimina