A Transportation Security Administration officer in Virginia has filed a federal lawsuit against the U.S. Department of Homeland Security, alleging sex discrimination over a policy that bars transgender officers from performing security screening pat-downs.
According to The Associated Press, the policy, enacted in February, was designed to comply with President Donald Trump’s executive order declaring only two immutable sexes: male and female.
Internal TSA documents obtained by The Associated Press state that “transgender officers will no longer engage in pat-down duties, which are conducted based on both the traveler’s and officer’s biological sex.” They are also barred from serving as witnesses in private screening areas.
Until February, TSA had assigned work consistent with officers’ gender identity under a 2021 directive. The agency rescinded that guidance to align with Trump’s order, though transgender officers “shall continue to be eligible to perform all other security screening functions consistent with their certifications,” the documents say.
The lawsuit, filed Friday by Danielle Mittereder of Dulles International Airport, contends that the policy violates civil rights law. It also bars her from using TSA restrooms that match her gender identity.
“Solely because she is transgender, TSA now prohibits Plaintiff from conducting core functions of her job, impedes her advancement to higher-level positions and specialized certifications, excludes her from TSA-controlled facilities, and subjects her identity to unwanted and undue scrutiny each workday,” the complaint states.
Mittereder’s attorney, Jonathan Puth, called the policy “terribly demeaning and 100% illegal.” TSA spokesperson Russell Read declined comment due to pending litigation but noted that male officers conduct pat-downs on male passengers and female officers on female passengers, “based on operational needs.”
Other transgender officers report similar challenges. Kai Regan, who transitioned from female to male in 2021, retired in July partly because of the policy. “It made me feel inadequate at my job, not because I can’t physically do it but because they put that on me,” he said.
Skye Perryman of Democracy Forward described the policy as “arbitrary and discriminatory. There’s no evidence or data we’re aware of to suggest that a person can’t perform their duties satisfactorily as a TSA agent based on their gender identity.”
TSA asserts that the rule aims to minimize passenger discomfort and maintain operational efficiency, while experts say the change is unlikely to disrupt checkpoints. However, the lawsuit argues the ban prevents Mittereder from advancing in her career, causes emotional distress, and places an extra workload on female officers covering pat-down duties.
“This policy does nothing to improve airport security,” said American Federation of Government Employees National President Everett Kelley. “It could lead to delays in the screening of airline passengers since it means there will be fewer officers available to perform pat-down searches.”
