A transgender employee of the National Security Agency (NSA), Sarah O’Neill, has filed a lawsuit against the Trump administration, aiming to block the enforcement of a presidential executive order that she claims violates federal civil rights law.
O’Neill, a data scientist at the NSA, is challenging an executive order signed by President Trump on his Inauguration Day, which mandates that federal recognition of sex be limited to two ‘immutable’ categories: male and female. According to the lawsuit filed in a U.S. District Court in Maryland, Trump’s order ‘declares that it is the policy of the United States government to deny Ms. O’Neill’s very existence.’
The White House has not yet responded to inquiries regarding the lawsuit. O’Neill’s legal argument includes not only the executive order itself but also accompanying policies that have reportedly restricted her ability to identify by her pronouns in workplace communications and have barred her from using women's restrooms in her workplace.
O’Neill asserts that the policies created by the executive order contribute to a hostile work environment, violating Section VII of the Civil Rights Act. A landmark Supreme Court ruling in 2020 established that discrimination based on sex includes discrimination based on gender identity, reinforcing the protections O’Neill is seeking.
O’Neill’s complaint articulates that the executive order dismisses the concept of gender identity, labeling it as ‘gender ideology,’ and infers a denial of legitimate recognition for individuals who do not conform to traditional gender binaries.
In addition to seeking the restoration of her workplace rights and protections, O’Neill is also pursuing financial damages. Trump's executive order is part of a larger trend of executive actions that he has taken, which have sparked numerous legal challenges in the federal judiciary.
