TSA advisory memorandum classifies barred transgender officers as "limited duty," cutting off shift trades and extra shifts

Guidance/memoTSA

Date
Actor
Jason L. Nelson, Assistant Administrator, Human Capital, Transportation Security Administration
Agency
Transportation Security Administration (TSA)
Type
Guidance/memo
Section
SUPPLEMENT: THE FEDERAL-WORKPLACE RESTROOM AND SINGLE-SEX-FACILITIES BAN: OPERATIVE DIRECTIVES AND THE WITHROW CLASS ACTION ARE BOTH MISSING

Summary

An advisory memorandum reiterating TSA policy that employees on "limited duty" may not exchange scheduled work hours with other employees or pick up additional shifts. Because the February 7 Directive prohibits transgender TSOs from performing pat-downs, TSA treats those officers as "limited duty," with the effect that they are barred from shift trades and shift pickups. No non-transgender TSO was placed in the limited-duty category by operation of the February 7 Directive. This is a concrete compensation and scheduling consequence flowing from the facilities-and-duties ban.

Status

In effect; pleaded as an adverse employment consequence in Mittereder v. Mullin, which survived dismissal on March 26, 2026.

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