Lawsuit Challenges TSA Policy on Transgender Officers’ Pat-downs

ARLINGOTN, Va. — A Virginia transportation security officer has accused the U.S. Department of Homeland Security (DHS) of sex discrimination, claiming a policy prohibits transgender officers from conducting security screening pat-downs. The lawsuit, filed by officer Danielle Mittereder, was lodged in federal court on Friday, marking a significant legal battle against the Transportation Security Administration (TSA).

The TSA enforced the policy in February to align with President Donald Trump‘s executive order defining gender strictly as male and female. Internal documents obtained by the Associated Press reveal that under this new regulation, transgender officers are excluded from pat-down duties, which are based on both the traveler’s and the officer’s biological sex.

Previously, the TSA had assigned roles consistent with an officer’s gender identity according to a management directive established in 2021. However, the agency stated it rescinded this directive in compliance with the executive order.

Mittereder’s lawsuit claims the policy not only interferes with her ability to perform essential job functions but also restricts her from using TSA restrooms that correspond with her gender identity, violating civil rights law.

“Solely because she is transgender, TSA now prohibits Plaintiff from conducting core functions of her job, impedes her advancement, and subjects her to undue scrutiny,” Mittereder’s lawyer, Jonathan Puth, said.

The TSA acknowledged this policy stipulates that male officers conduct pat-downs for male travelers and female officers for female travelers, addressing operational needs. A TSA spokesperson declined to comment due to the ongoing litigation.

Other transgender officers have shared similar experiences, expressing discomfort and discrimination within the agency. Kai Regan, who worked at Harry Reid International Airport in Las Vegas, retired in July after the policy was instituted. “It made me feel inadequate at my job,” Regan explained, noting he had completed pat-downs on men without issue before the ban.

Critics of the policy, including Skye Perryman, president of Democracy Forward, describe it as “arbitrary and discriminatory,” citing a lack of evidence to support such restrictions. The DHS responded, insisting the policy is designed to prioritize the safety and comfort of travelers.

Sheldon Jacobson, an airport security expert, argued that matching the officer’s gender to the passenger’s minimizes discomfort, though he acknowledged the new policy could create uncertainty. He suggested the impact on TSA operations would likely be minimal as transgender officers comprise a small part of the workforce.

Amid these challenges, Mittereder’s complaint emphasizes the psychological toll that these changes have taken on her, resulting in anxiety and depression. With fewer officers available for pat-down searches, American Federation of Government Employees President Everett Kelley urged TSA leadership to reconsider the policy, asserting it does not enhance airport security and could lead to screening delays.

The case highlights ongoing tensions in federal employment practices regarding gender identity, further complicated by issues related to the government shutdown and its impact on TSA staffing levels.