Lawsuit challenges TSA’s ban on transgender officers conducting pat-downs

A Transportation Security Officer (TSO) in Virginia has filed a federal lawsuit against the U.S. Department of Homeland Security, alleging sex discrimination over a new policy that prohibits transgender officers from performing pat-down screenings at airport checkpoints.

The Transportation Security Administration (TSA) implemented the policy change in February to align with President Donald Trump’s executive order that recognizes only two “unchangeable sexes” – male and female. According to internal documents obtained by The Associated Press from multiple sources, the policy states 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.”

The policy also bars transgender officers from serving as required witnesses when travelers choose to have pat-downs conducted in private screening areas. This marks a significant shift from previous protocol established in 2021, which allowed transgender officers to work in accordance with their gender identity.

Danielle Mittereder, a transgender officer at Dulles International Airport, filed the lawsuit on Friday. Her complaint alleges that the new policy not only prevents her from performing essential job functions but also blocks her from using TSA facility restrooms that align with 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 lawsuit states.

Mittereder’s attorney, Jonathan Puth, described the TSA policy as “terribly demeaning and 100% illegal.” The lawsuit argues that the restrictions hinder Mittereder’s career prospects since “all paths toward advancement require that she be able to perform pat-downs and train others to do so.”

The policy change has already impacted other transgender TSA employees. Kai Regan, a former officer at Harry Reid International Airport in Las Vegas who is not involved in the Virginia case, retired in July partly due to the new restrictions. After working for six years at the airport and transitioning from female to male in 2021, Regan conducted pat-downs on male travelers without issue until the policy changed.

“It made me feel inadequate at my job, not because I can’t physically do it but because they put that on me,” said the 61-year-old, who decided to retire earlier than planned rather than risk being terminated.

TSA spokesperson Russell Read declined to comment on the lawsuit but confirmed the 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 Department of Homeland Security defended the policy when questioned by the AP. Homeland Security spokesperson Tricia McLaughlin responded, “Does the AP want female travelers to be subjected to pat-downs by male TSA officers? What a useless and fundamentally dangerous idea, to prioritize mental delusion over the comfort and safety of American travelers.”

Legal experts and civil rights advocates view the policy differently. Skye Perryman, president and CEO of Democracy Forward, called TSA’s policy “arbitrary and discriminatory,” adding that there’s no evidence suggesting a person can’t perform their duties based on gender identity.

The lawsuit comes amid a challenging period for TSA, which is already dealing with staffing shortages due to the ongoing government shutdown, with thousands of agents working without pay. Critics argue the policy could exacerbate operational issues at security checkpoints.

American Federation of Government Employees National President Everett Kelley urged TSA to reconsider, stating: “This policy does nothing to improve airport security and in fact could lead to delays in the screening of airline passengers since it means there will be fewer officers available to perform pat-down searches.”

According to the lawsuit, Mittereder began her role in June 2024 and has received exemplary performance ratings without complaints related to pat-down responsibilities. Being unable to perform her full duties has reportedly caused her to suffer from anxiety, depression, and humiliation as she’s forced to disclose her gender identity to coworkers.

The case represents one of several reported instances of workplace discrimination against transgender federal employees during Trump’s second administration, highlighting ongoing tensions between government policy and LGBTQ+ workplace protections.