Transgender TSA Officer Files Lawsuit Against Kristi Noem Over Job Discrimination

A transgender officer with the Transportation Security Administration (TSA) has initiated legal action against South Dakota Governor Kristi Noem following the implementation of an executive order by former President Donald Trump. This order redefined gender classifications, effectively barring Danielle Mittereder from performing her duties of patting down air travelers, which she had been doing since her employment began in June 2024 at Dulles International Airport.

In a federal lawsuit filed on November 7, 2024, Mittereder claims that Executive Order 14168, titled “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” has not only hindered her professional capabilities but has also negatively impacted her relationships with colleagues and limited her career progression. The lawsuit argues that the order has “wrongfully reclassified” her as male, leading to significant personal and professional consequences.

According to her complaint, Mittereder, now 34, performed numerous passenger screenings, which included both partial and full-body pat-downs, without any prior issues. Her supervisors had commended her skills and professionalism. However, she asserts that since the executive order took effect, she has been prevented from conducting pat-downs, which are a fundamental part of her job responsibilities.

Attorney Jonathan Puth, representing Mittereder, emphasized her desire to fulfill her job and the humiliating nature of her current situation. “She’s good at her job, she wants to go to work and do her job every day,” Puth stated. “And she’s not allowed to do it, for the sole reason that she is transgender.” He described the implications of the executive order as degrading and legally questionable.

The lawsuit names Noem as the sole defendant, reflecting her support for Trump’s policies and her commitment to the executive order’s enforcement. As governor, Noem has faced criticism for legislation prohibiting gender-affirming care for minors, which advocates argue is discriminatory.

In an email response, a TSA spokesperson confirmed that the agency has rescinded previous policies regarding transgender officers and outlined that male and female officers would conduct pat-downs based on the passengers’ sex as defined by the agency’s operational needs.

Mittereder began her career with the TSA after providing all necessary medical documentation, including a diagnosis of gender dysphoria. She completed her training with a designation as a female Transportation Security Officer (TSO). However, following the executive order, she was informed on February 7, 2024, that she would no longer be permitted to conduct pat-downs, a decision that she contends was solely based on her gender identity.

The complaint outlines the personal toll this directive has taken on Mittereder, as she was compelled to disclose her transgender status to colleagues when unable to perform necessary duties. The situation has reportedly led to feelings of humiliation and anxiety, culminating in her taking time off to cope with the emotional distress caused by her work environment.

Moreover, the lawsuit alleges that Mittereder faced hostility from coworkers who expressed discomfort working alongside her due to her transgender identity. This has resulted in a further isolation within her workplace, impacting her mental health and job performance.

Mittereder’s legal action seeks to challenge the TSA’s enforcement of the February directive, claiming it violates her civil rights under federal law. She is requesting a jury trial and compensatory damages, as well as a court order to prevent the TSA from continuing to enforce what she describes as discriminatory practices.

Retired police officer and LGBTQ+ activist Gregory Miraglia commented on the broader implications of such policies, attributing the anti-trans sentiment within government institutions to a lack of understanding and acceptance of scientific perspectives on gender.

As the case unfolds, it highlights ongoing tensions regarding transgender rights and the implications of governmental policies on individual lives and careers. Mittereder’s situation serves as a poignant example of the challenges faced by many in the transgender community, particularly within public service roles.