NSA employee sues the Trump administration over transgender rights and ‘immutable’ genders

Transgender NSA Employee Sues Trump Administration Over Executive Order

A National Security Agency data scientist has filed a lawsuit against the Trump administration, challenging an executive order that she claims denies her existence as a transgender person and violates federal civil rights law.

Sarah O’Neill filed the suit Monday in U.S. District Court in Maryland, seeking to block enforcement of President Donald Trump’s Inauguration Day executive order that mandates the federal government recognize only two “immutable” sexes—male and female—in all operations and materials.

According to court documents, the executive order has led the NSA to cancel its policy recognizing O’Neill’s transgender identity and her “right to a workplace free of unlawful harassment.” The agency has also prohibited her from identifying her pronouns as female in written communications and barred her from using women’s restrooms at work.

“The Executive Order rejects the existence of gender identity altogether, let alone the possibility that someone’s gender identity can differ from their sex, which it characterizes as ‘gender ideology,'” the lawsuit states. O’Neill’s legal team argues that the order “declares that it is the policy of the United States government to deny Ms. O’Neill’s very existence.”

The White House has not yet responded to requests for comment on the lawsuit.

Legal experts note that O’Neill’s case rests primarily on Section VII of the Civil Rights Act, which prohibits employment discrimination based on sex. In 2020, the U.S. Supreme Court ruled in a landmark decision that this protection extends to gender identity.

“We agree that homosexuality and transgender status are distinct concepts from sex,” the Supreme Court’s majority opinion stated in that case. “But, as we’ve seen, discrimination based on homosexuality or transgender status necessarily entails discrimination based on sex; the first cannot happen without the second.”

This interpretation of federal civil rights law provides the foundation for O’Neill’s claim that the executive order and resulting NSA policies create a hostile work environment that violates established legal protections.

The executive order aligns with positions Trump took during his 2024 campaign, where he frequently discussed restricting transgender rights. It was among dozens of executive actions the president signed within hours of taking office in January, signaling his administration’s intent to quickly implement campaign promises through executive authority rather than the legislative process.

Trump has continued to use executive powers aggressively in his second term, issuing directives on immigration, energy policy, and various social issues. Many of these actions have faced legal challenges, creating a growing docket of cases in federal courts across the country that will likely shape the boundaries of executive power.

O’Neill is seeking not only to have her workplace rights and protections restored but also financial damages for the alleged discrimination she has faced. The case could become a significant test of how courts will balance executive authority against civil rights protections previously affirmed by the Supreme Court.

Civil rights organizations are closely monitoring the lawsuit, as its outcome could impact thousands of transgender federal employees across government agencies. The case represents one of the first direct legal challenges to the administration’s policies regarding gender identity in federal employment.

As the legal process unfolds, O’Neill continues to work at the NSA while navigating what her attorneys describe as a dramatically altered workplace environment that no longer acknowledges her gender identity.