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TSA officer files lawsuit against agency regarding limitations on transgender pat-down procedures

TSA officer files lawsuit against agency regarding limitations on transgender pat-down procedures

Virginia TSA Employee Sues Over Gender Discrimination

A TSA employee in Virginia, who identifies as transgender, is alleging gender discrimination against the Department of Homeland Security (DHS) due to a new policy that prevents transgender staff from conducting pat-downs during security screenings. This claim comes via a federal lawsuit filed recently by Danielle Mittereder, who works at Dulles International Airport.

According to a TSA spokesperson, the new regulations state that only male employees can perform searches on male passengers, and only female employees can search female passengers. This policy does not take into account the officer’s gender identity or their transitional status.

The spokesperson explained that this change was made to align with an executive order from President Donald Trump, issued on January 20. The order essentially outlines that the federal government recognizes only two genders, defined strictly by biological sex from conception.

Prior to this shift, which came about in February, the TSA had assigned duties based on the employees’ gender identity under a directive from 2021.

The new rules also impact transgender employees’ roles when it comes to private screenings; they can no longer serve as witnesses if a traveler chooses to undergo a pat-down in a private area. Mittereder’s lawsuit argues that this not only bars transgender officers from key job functions but also hinders their career progression and ability to access necessary facilities.

“The current restrictions mean that she faces barriers to performing essential job duties, achieving promotions, and gaining professional certifications—all because of her identity,” the suit claims. Mittereder’s attorney described the TSA policy as “deeply humiliating and 100% illegal.”

In response to the lawsuit, DHS has rejected assertions from legal experts who believe the policy is discriminatory. A spokesperson, Tricia McLaughlin, questioned the practicality of letting female travelers be screened by male agents, stating it poses a safety concern and prioritizes “psychological delusions” over the comfort of travelers.

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