A transgender employee of the US National Security Agency (NSA) has filed a lawsuit against the Trump administration, challenging a recent executive order that she claims violates federal civil rights protections.
Sarah O’Neill, a data scientist at the NSA, argues that Executive Order 14168 — signed by Donald Trump in January 2025 during his second term — denies her identity and strips her of workplace protections.
Executive Order ‘Denies My Existence’, Says O’Neill
Filed in the U.S. District Court in Maryland, the lawsuit names Trump’s Executive Order 14168, titled “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government”, as the core issue.
The order states that the federal government will only recognise “two sexes, male and female”, which it claims are “immutable.” Trump further claimed the move was needed to counter “ideologues who deny the biological reality of sex,” accusing them of using the law to “eradicate” that reality.
“The executive order declares that it is the policy of the United States government to deny Ms O’Neill’s very existence,” her lawsuit reads.
Loss of Protections at Work
Since the order was enacted, O’Neill claims she has faced discriminatory changes to her work environment. These include:
- Removal of workplace policies recognising her as a trans person
- Denial of her right to a harassment-free environment
- A ban on using female pronouns in written communications
- Prohibition from using the women’s restroom at work
O’Neill contends these actions violate Section VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on sex. Amendments and legal interpretations have since expanded this to include gender identity and sexual orientation.
Supreme Court Precedent: LGBTQ+ Rights Protected Under Civil Rights Act
O’Neill’s legal argument leans on the landmark 2020 US Supreme Court ruling, which held that protections under Title VII extend to LGBTQ+ workers.
Justice Neil Gorsuch, writing for the majority, stated:
“It is impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex.”
He gave the example of two employees — one male and one female — both attracted to men. Firing the man but not the woman due to attraction to men, he explained, is inherently discriminatory.
The ruling was a direct rebuke of the Trump administration’s first-term argument that “sex” under the Civil Rights Act should be interpreted solely as “male or female” in a biological sense.
O’Neill’s Legal Demands
O’Neill is seeking:
- Reinstatement of the workplace rights and recognition she had prior to the executive order
- Financial compensation for the damages incurred
Her lawsuit also criticises the executive order’s complete dismissal of gender identity, which it refers to as “gender ideology.”
“The Executive Order rejects the existence of gender identity altogether, let alone the possibility that someone’s gender identity can differ from their sex,” she states, as quoted by the Associated Press.
The case is likely to become a major flashpoint in the ongoing legal and political battle over LGBTQ+ rights in the United States, especially amid a wider wave of anti-trans legislation across several states.
