Withrow v. National Guard, et al. – Challenging Ban on Transgender and Intersex Federal Employees’ Ability To Use Bathroom That Accords with Their Gender Identity

LeAnne Withrow is a transgender woman who has served in the Illinois National Guard since 2016. She has participated in major military events around the world and received numerous commendations, including the Meritorious Service Medal, the Army Commendation Medal, and the Global War on Terrorism Service Medal.

Under an executive order issued by President Trump, and memoranda issued by the Office of Personnel Management, the Department of Defense, and the National Guard to implement it, Ms. Withrow cannot use the women’s bathroom. She must bear the indignity of using a bathroom that deviates from her gender identity or use no bathroom at all.

The President’s Executive Order and the associated implementing memoranda violate the Equal Protection Clause, Title VII, and the Administrative Procedures Act. Ms. Withrow has brought claims challenging the government’s discriminatory bathroom policy on behalf of herself and all other federal workers who are transgender or intersex. The case is pending before the EEOC.

Press Release

Complaint