Withrow v. United States of America

Our client, LeAnne Withrow, is a transgender woman and a long-time employee of the Illinois National Guard. Before her federal civil employment, she served as a member of the Illinois National Guard, participating in major military events around the world and receiving numerous commendations, including the Illinois National Guard Abraham Lincoln Medal of Freedom, Meritorious Service Medal, the Army Commendation Medal, and the Global War on Terrorism Medal.

Under 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, Ms. Withrow and other federal employees are required to use restrooms that match their “biological sex.” These polices bar Ms. Withrow and other federal employees from using restrooms that correspond with their genders, areas that she and other employees have used for some time without issue.

We have filed a class action on behalf of Ms. Withrow and all other similarly situated federal workers, challenging the government's discriminatory policies under the Civil Rights Act of 1964, Title VII. In a 2020 ruling, the U.S. Supreme Court held 6-3 that Title VII prohibits discrimination against transgender workers based on their sex. The complaint also alleges that the policies violate the Administrative Procedure Act. The ACLU, ACLU of Illinois, ACLU of DC, Democracy Forward, and Arnold & Porter Kaye Scholer LLP are counsel for Ms. Withrow, and the case is pending in the U.S. District Court for the District of Columbia.