A transgender Transportation Security Administration (TSA) officer has filed a lawsuit against the Department of Homeland Security (DHS), accusing the agency of sex discrimination over a policy prohibiting transgender agents from conducting security pat-downs.
According to internal TSA documents obtained by The Associated Press, transgender officers “will no longer engage in pat-down duties, which are conducted based on both the traveler’s and officer’s biological sex. In addition, transgender officers will no longer serve as a TSA-required witness when a traveler elects to have a pat-down conducted in a private screening area.”
The documents note, however, that transgender officers are not to be “adversely affected” in pay, promotions, and awards, and that the agency is “committed to providing a work environment free from unlawful discrimination and retaliation.”
The officer behind the lawsuit alleges the policy violates civil rights law.
“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 says. It goes on to argue that the TSA agent cannot obtain promotions because they are unable to perform the duties and responsibilities required of other agents.
The TSA policy was changed to comply with President Trump’s executive order protecting biological sex. The order declared that the United States recognizes two sexes, male and female. “These sexes are not changeable and are grounded in fundamental and incontrovertible reality,” it read. “Under my direction, the Executive Branch will enforce all sex-protective laws to promote this reality.”
