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Trans TSA agent sues Kristi Noem for job discrimination
A trans Transportation Security Administration (TSA) agent has filed a lawsuit against Secretary of Homeland Security Kristi Noem, alleging that the introduction of a policy preventing trans TSA officers from performing pat-downs constitutes sex discrimination.This is somebody who is really dedicated to her job and wants to make a career at TSA, said Johnathan Puth, one of the plaintiffs lawyers, when talking to the Associated Press. And while her gender identity was never an issue for her in the past, all of a sudden its something that has to be confronted every single day. Related The Air Force revoked trans servicemembers retirements. Theyre fighting back. The plaintiff, Danielle Mittereder, was hired by the TSA in June 2024. According to the complaint filed this week, her application included medical paperwork showing her diagnosis of gender dysphoria, and in a meeting with a Deputy Assistant Federal Security Director-Screening and an Administrative Officer on her first day of work, she clarified that she was transgender.Mittereder has presented and been identified as a woman throughout her time with the agency, and her supervisors have rated her with the highest available performance rating (Meet Standards) for all competencies and have praised her professionalism, skills, knowledge, and rapport with fellow officers and the public. Never Miss a Beat Subscribe to our newsletter to stay ahead of the latest LGBTQ+ political news and insights. Subscribe to our Newsletter today However, after the president issued his two sexes executive order, TSA officials instituted a new policy, according to internal documents obtained by the Associated Press, which massively restricted what trans Transportation Security Officers (TSOs) could do. They are prevented from performing security pat-downs, serving as a TSA-required witness for a private screening area pat-down, demonstrating pat-downs as part of their training or to train others, and from accessing TSA restrooms that match their gender identity.Mittereder was notified of this new policy the same day that it went into effect on February 7. She contacted an Equal Employment Opportunity counselor that day. A formal complaint was filed on March 13, and she received notice of a Report of Investigation on July 25. However, after months of not hearing anything further, Mittereder and her lawyers have filed a lawsuit. According to the lawsuit, Mittereder has been forced to out herself to co-workers, supervisors, and airline passengers when she has had to call on another female agent to conduct a pat-down. Without being able to fulfill a crucial part of her role due to the TSAs policy, she is now limited in her ability to progress in her career, as higher positions all require completing a pat-down.Solely because she is transgender, the complaint explains, 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 new policy has left Mittereder uncomfortable at work, required an additional burden to be placed on her female co-workers, and led to one co-worker saying they werent comfortable working with her now that they know she is trans. Again, because of the TSAs own policy, Mittereder has been classified as limited-duty because she cant complete pat-downs. That means that she is not eligible to trade shifts with other TSOs, cannot pick up overtime, and has less scope for growth within the agency.While Mittereder is a lone plaintiff in the lawsuit, other trans TSOs have spoken about their own experiences. Kai Regan, who had been with the TSA for six years, chose to retire because of the anti-trans executive order and the TSAs February 7 policy. It made me feel inadequate at my job, not because I cant physically do it, but because they put that on me.When the AP reached the Department of Homeland Security for comment, their response was based on unfounded transphobia. Does the AP want female travelers to be subjected to pat-downs by male TSA officers? wrote Tricia McLaughlin, a DHS spokesperson. What a useless and fundamentally dangerous idea, to prioritize mental delusion over the comfort and safety of American travelers.Subscribe to theLGBTQ Nation newsletterand be the first to know about the latest headlines shaping LGBTQ+ communities worldwide.
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