A Virginia transportation security officer is accusing the U.S. Department of Homeland Security of sex discrimination over a policy that bars transgender officers from performing security screening pat-downs, according to a federal lawsuit.
The Transportation Security Administration, which operates under DHS, enacted the policy in February to comply with President Donald Trump's executive order declaring two unchangeable sexes: male and female.
According to internal documents explaining the policy change that The Associated Press obtained from four independent sources, including one current and two former TSA workers, "transgender officers will no longer engage in pat-down duties, which are conducted based on both the traveler's and officer's biological sex. In addition, transgender officers will no longer serve as a TSA-required witness when a traveler elects to have a pat-down conducted in a private screening area."
Until February, TSA assigned work consistent with officers' gender identity under a 2021 management directive. The agency told the AP it rescinded that directive to comply with Trump's Jan. 20 executive order.
Although transgender officers "shall continue to be eligible to perform all other security screening functions consistent with their certifications," and must attend all required training, they will not be allowed to demonstrate how to conduct pat-downs as part of their training or while training others, according to the internal documents.
A transgender officer at Dulles International Airport, Danielle Mittereder, alleges in her lawsuit filed Friday that the new policy — which also bars her from using TSA facility restrooms that align with her gender identity — violates civil rights law.
"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 says.
Mittereder declined to speak with the AP but her lawyer, Jonathan Puth, called TSA's policy "terribly demeaning and 100% illegal."
TSA spokesperson Russell Read declined to comment, citing pending litigation. But he said the new policy directs that "Male Transportation Security Officers will conduct pat-down procedures on male passengers and female Transportation Security Officers will conduct pat-down procedures on female passengers, based on operational needs."
The legal battle comes amid mounting reports of workplace discrimination against transgender federal employees during Trump's second administration. It is also happening at a time when TSA's ranks are already stretched thin due to the ongoing government shutdown that has left thousands of agents working without pay.
Other transgender officers describe similar challenges to Mittereder.
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