The Trump administration’s two nominees to the U.S. Equal Employment Opportunity Commission told U.S. senators Tuesday they were personally opposed to workplace discrimination based on sexual orientation and gender identity, but they could not assure lawmakers that they would support the agency’s view that adverse actions against gay or transgender workers violates federal civil rights laws.

The nominees, longtime general counsel Janet Dhillon and Daniel Gade, similarly suggested the scope of that protection is further complicated by the fact federal appeals courts are divided and the U.S. Department of Justice in July staked a new position that such protection is not recognized under federal law. The U.S. Senate Health, Education, Labor and Pensions Committee held a confirmation hearing for the nominees Tuesday.

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