Washington — The American Civil Liberties Union (ACLU) has filed a class action complaint with the Army National Guard Bureau Equal Opportunity Office (NGB-EO) on behalf of an Illinois National Guard civilian employee, challenging a Trump administration policy that bars transgender federal employees from using facilities aligned with their gender identity.
The complaint centers on LeAnne Withrow, a lead military specialist and award-winning civilian employee of the Illinois National Guard. Withrow, who has served for years with distinction, including receiving the Abraham Lincoln Medal of Honor, was told by supervisors that she could no longer use women’s restrooms, according to the ACLU.
The ACLU states that the directive followed a Jan. 20 executive order signed by President Trump. That order prompted agencies including the Office of Personnel Management, the Department of Defense, and the National Guard Bureau to mandate the use of restrooms strictly based on “sex assigned at birth.”
The ACLU argues the policy violates Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination in employment. In a 2020 ruling, the U.S. Supreme Court held in a 6-3 decision that Title VII protects transgender workers against such discrimination.
The complaint was filed by the national ACLU, the ACLU of the District of Columbia, the Roger Baldwin Foundation of the ACLU of Illinois, and Democracy Forward.
“Since coming out nearly a decade ago, the fact that I’m transgender has had no negative impact on my abilities as a worker and has caused no disruption or disturbance among my colleagues or supervisors,” Withrow said in the ACLU’s press release. “This policy would put a needless barrier between my work on behalf of military families, forcing me to choose between my service to this country and my own dignity. I love my work and want nothing to come between me and the people I serve.”
Shana Knizhnik, senior staff attorney with the ACLU’s LGBTQ & HIV Project, stated: “Let’s be clear — if you cannot use the bathroom at work, you cannot go to work. Transgender federal workers across the government are facing an intentional effort to drive them out of the workforce and out of public life by an administration hostile to their identities. We look forward to presenting our case and will do everything possible to ensure all federal workers are treated fairly.”
Audrey Wiggins, legal director at Democracy Forward, called the case both legal and personal: “Targeting transgender people is unlawful and a dangerous example set by our federal government. Democracy Forward is proud to work with LeAnne and our partners to stand against this kind of bigotry.”
Michelle Garcia, deputy legal director of the ACLU of Illinois, added: “Illinois has rejected the senseless, reckless discrimination against transgender people that is the hallmark of the Trump administration. LeAnne has served this state and country honorably. No federal employee should be forced to use a restroom inconsistent with their gender identity.”
A copy of the class complaint filed with the NGB-EO can be found here.
