Transgender Employee Files Discrimination Lawsuit Against NSA

A transgender employee of the US National Security Agency (NSA) has filed a lawsuit alleging discrimination based on gender identity. Sarah O’Neill, a data scientist at the agency, lodged her complaint on March 15, 2024, in the District Court for the District of Maryland against William Hartman, the acting director of the NSA. The lawsuit claims that the NSA fostered a hostile work environment by prohibiting O’Neill from using women’s restrooms, a move that followed the cancellation of NSA Policy 1-73, which had previously allowed employees to use restrooms that correspond with their gender identity.

O’Neill’s complaint highlights significant changes to NSA policies that align with directives from the Trump administration. In January 2023, an executive order was issued stating that the United States recognizes only two sexes—male and female—and mandated the removal of messages promoting gender ideology. This shift resulted in the amendment of NSA Policy 6-33, which barred employees from signing emails with pronouns that do not correspond to their biological sex. O’Neill argues that these federal policy changes “denigrate[] her identity” and jeopardize her wellbeing.

The implications of this lawsuit extend to federal employment practices. The complaint asserts that the NSA’s policies violate Title VII of the Civil Rights Act of 1964, which prohibits discrimination in employment on the basis of sex. O’Neill’s legal team references a pivotal 2019 Supreme Court decision that determined discrimination based on gender identity falls under the protections guaranteed by Title VII. They contend that creating a hostile work environment based on gender identity constitutes unlawful discrimination.

As the lawsuit unfolds, the Trump administration has not publicly responded to these allegations. During his presidency, Donald Trump introduced policies that restricted the rights of transgender individuals, including a ban on transgender people serving in the military. Following the issuance of Executive Order 14168 in January 2023, Defense Secretary Pete Hegseth emphasized the removal of what he termed “all traces of gender ideology” from the Department of Defense.

O’Neill is seeking both monetary damages and declaratory relief from the court, aiming to challenge the policies that she claims undermine her identity and rights. The outcome of this case may have significant implications for the treatment of transgender individuals within federal employment and could set a precedent for similar cases in the future.

The legal landscape surrounding gender identity and employment rights remains complex, and O’Neill’s case highlights ongoing challenges faced by transgender individuals in various sectors. As this lawsuit progresses, its ramifications could resonate beyond the NSA, potentially influencing policies across federal agencies and the broader workplace environment.