Trans TSA Officer Sues Kristi Noem and Department of Homeland Security

A transgender Transportation Security Administration officer has sued the Department of Homeland Security for their prevention of trans officers to work with passengers of their gender identity.

On November 7, TSA officer Danielle Mittereder filed a lawsuit against Secretary of Homeland Security Kristi Noem. This lawsuit is in response to a motion by the Department of Homeland Security that bars trans people from performing pat-downs on passengers of their shared gender. Trans officers have been able to do this since 2021, and have also been able to serve as witnesses for private pat-downs. However, due to President Trump’s executive order that reduces people to their biological sex, this is no longer the case. Not only are trans officers not allowed to work with who aligns with their identity, but they are also unable to practice or demonstrate pat-downs in training. 

The lawsuit states that this is discrimination based on sex and gender, a violation of Title VII: “Solely because she is transgender, TSA now prohibits Plaintiff from conducting core functions of her job … and subjects her identity to unwanted and undue scrutiny each workday.” This discrimination also prevents Mittereder from being promoted to higher positions, as she cannot participate in training. The fact that she is trans is now out in the open to passengers and co-workers alike; being outed like this can be very detrimental to someone’s safety and mental wellbeing. She has had supervisors and fellow officers praise her work and dedication but is now unable to keep working to her full ability. 

Preventing trans TSA officers from performing all their duties is not beneficial for anyone involved. These officers now need to seek help when pat-downs are needed, and could end up outing themselves in the process. It’s not only detrimental for the officers’ health, but it’s detrimental to the airline security process as a whole. Everett Kelley, the National President of the American Federation of Government Employees, states: “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.”

As political tensions continue to build in the United States, unfortunately, so does the transphobia. The current administration is a dangerous one for trans people to live under. But, previous court rulings are on Mittereder’s side, as Title VII does include discrimination based on sex and gender identity. She is doing something big with this lawsuit, and she isn’t alone in it. People standing with Mittereder must keep voicing their support for her, other trans TSA officers, and trans people in general. 

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