Withrow v. United States: 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.

An executive order from President Trump, as well as implementing memoranda issued by the Office of Personnel Management, the Department of Defense, and the National Guard, and a conforming regulatory change by the General Services Administration bar Ms. Withrow from using 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 and regulatory change are unlawful. Ms. Withrow has challenged the government's discriminatory bathroom policy under Title VII and the Administrative Procedures Act, bringing claims on behalf of herself and all other similarly situated federal workers The case is pending in the U.S. District Court for the District of Columbia.

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