Transgender TSA Officer Sues Kristi Noem Over Discrimination

Danielle Mittereder, a transgender officer with the Transportation Security Administration (TSA) at Dulles International Airport, has filed a federal lawsuit against Secretary of Homeland Security Kristi Noem. The lawsuit, filed on November 7, 2025, claims that Executive Order 14168, signed by former President Donald Trump, has unlawfully barred her from performing essential job functions, specifically pat-down searches of passengers.

The Independent

Executive Order 14168, titled “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” redefined sex as an immutable biological classification, effectively excluding gender identity from federal recognition. Following this order, the TSA implemented a directive that prohibited transgender officers from conducting pat-downs, a role critical to their job performance and career advancement.

The Advocate

Mittereder began her employment with the TSA in June 2024 and was recognized as an exemplary employee. However, since the enforcement of the executive order, she has been classified as a “limited duty” officer, which restricts her from performing pat-downs and participating in essential training. This limitation has severely impacted her ability to progress within the agency, as promotions require the ability to conduct such searches. The lawsuit states that Mittereder has suffered from anxiety, depression, and humiliation due to her inability to perform her job effectively.

The Advocate

Mittereder's attorney, Jonathan Puth, emphasized her dedication to her role, stating, “She’s good at her job, she wants to go to work and do her job every day. And she’s not allowed to do it, for the sole reason that she is transgender.” The TSA confirmed that male officers would conduct pat-downs on male passengers and female officers on female passengers, in compliance with the executive order. In response to inquiries, a DHS spokesperson questioned the safety implications of allowing transgender officers to conduct pat-downs, framing the policy as a matter of traveler comfort.

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The lawsuit has drawn criticism from various advocacy groups, which argue that the TSA's policy is discriminatory and harmful. Gregory Miraglia, an LGBTQ+ activist, noted that the anti-trans sentiment within the federal government is driven by fear and a lack of understanding. The American Federation of Government Employees has also called for a reconsideration of the policy, arguing that it does not enhance airport security and may lead to delays in passenger screening.

LGBTQ Nation

• “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,” — Danielle Mittereder, Plaintiff

The Advocate

• “This policy does nothing to improve airport security,” — Everett Kelley, National President, American Federation of Government Employees

The Advocate

• “The February 7 Directive requires [Mittereder] to ask for assistance each time her job duties would otherwise require her to perform pat-downs, thereby exposing her gender identity to co-workers, supervisors, and airline passengers,” — Legal Complaint

The Independent

Mittereder is seeking a court order to prevent the TSA from enforcing the discriminatory directive and is demanding a jury trial for compensatory damages. The outcome of this lawsuit could have significant implications for the rights of transgender employees within federal agencies.

The Independent