Case: Mittereder v. Noem

This case challenges the Transportation Security Administration’s directive prohibiting transgender Transportation Security Officers (TSOs) from conducting security pat-downs of airline passengers in response to Executive Order 14168, Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government. 

Plaintiff Danielle Mittereder, a current TSO, filed this suit in the U.S. District Court for the Eastern District of Virginia on November 7, 2025. Mittereder named Kristi Noem, acting in her official capacity as Secretary of the U.S. Department of Homeland Security, as Defendant. Mittereder alleges that Defendant has violated Title VII of the Civil Rights Act of 1964 by discriminating against her on the basis of sex. Mittereder sought a declaration that Defendant’s action violated the Civil Rights Act, an injunction blocking the Transportation Security Administration’s directive, as well as compensatory damages and reasonable attorneys’ fees. 

On January 20, 2025, President Trump issued EO 14168, which sought to “defend women’s rights and protect freedom of conscience by using clear and accurate language and policies that recognize women are biologically female, and men are biologically male.” EO 14168 ordered all agencies to “effectuate this policy by taking appropriate action to ensure that intimate spaces designated for women, girls, or females (or for men, boys, or males) are designated by sex and not identity.” In response to EO 14168, the Transportation Security Administration (TSA) issued a directive prohibiting all transgender TSOs from conducting security pat-downs of airline passengers. Pat-downs in airports are typically administered by TSOs who are the same gender as the traveler. The TSA directive also prohibited TSOs from using TSA-controlled restrooms that align with their gender identity. 

Mittereder is a transgender woman that has been working as a TSO at Dulles International Airport since July 1, 2024. After the TSA directive, Mittereder was prohibited from conducting pat-downs on female travelers. The only basis provided to Mittereder for this prohibition was her transgender status. As a result of the TSA directive, Mittereder is unable to perform a significant portion of her TSO job functions. In addition, Mittereder has been forced to disclose her gender identity to travelers during pat-down procedures. Because advancement and increased compensation at TSA are based on conducting pat-downs, the TSA directive also hampers Mittereder’s career development. 

On November 7, this case was initially assigned to Judge Michael S. Nachmanoff. 

This case is ongoing.