New Federal bathroom case to watch
The case is Withrow v. United States, 25-cv-04073 a federal case in the district court in Washington D.C. Leanne Withrow, the plaintiff, is a trans-identifying male federal employee. Withrow alleges that an Executive Order issued by the President, related memoranda from the Office of Personnel Management (OPM), and a General Services Administration (GSA) policy change (the “GSA Rescission”) reversed prior federal policies that had allowed trans identifying employees and intersex employees to use restrooms consistent with their gender identity. He has named the United States, OPM, GSA and numerous department and agency heads in their official capacities as defendants He has asserted that these policies are being implemented government‑wide and that they systematically exclude trans-identifying and intersex employees from restrooms aligned with their gender identity. He is also seeking to make this a class action on behalf of all similarly situated employees. The next step in this case is a motion to dismiss be filed by the government by February 26, 2026.
The complaint alleges that the new policies have caused and continue to cause emotional distress, physical discomfort, and dignitary harms to Withrow and the proposed class by forcing them to use restrooms inconsistent with their gender identity or otherwise restricting access. The first claim for relief alleges that the denial of restroom access consistent with gender identity constitutes discrimination “based on sex” in violation of Title VII of the Civil Rights Act of 1964, which requires that all personnel actions affecting federal employees be free from sex discrimination. Withrow also claims that the policy violates the Administrative Procedures Act and that the OPM and GSA actions are arbitrary, capricious, contrary to law, and in violation of statutes such as the Federal Property and Administrative Services Act, as well as constitutional guarantees of equal protection and due process, because they single out transgender and intersex employees for adverse treatment. You can read the complaint here: Withrow Complaint
Wolf considers this an important case because of the potentially wide impact across the federal government, the attempt to bring a claim claiming a Title VI violation (employment discrimination based on gender identity, and the potential to establish definitions of sex and gender identity without input from women.
We are watching closely and working on a legal theory that will let us intervene in the case as a necessary party. In so many of these cases women’s sex based rights are never considered. For example, in Doe v. Bondi, before the Federal Circuit Court of Appeals, we learned too late about a case involving trans-identified male prisoners seeking to stop the implementation of the President's Executive Order on prisons and sex separation. We did not know which court the case was in because information was protected in the court paperwork to avoid revealing the name of the trans-identifying inmate or the institutions involved. You can read our motion to file an amicus here: Motion to File Amicus Late and the amicus brief here: WoLF's Amicus Brief.
If you are a federal employee or a frequent visitor to federal buildings and would be adversely affected if Withrow were to prevail, or if you know of someone, please reach out to us at legaldirector@womensliberationfront.org. If we can identify actual people who will be harmed we will be on a better footing to intervene.
Our work depends on your support. By donating to WoLF, you help us continue bringing women’s voices into the courts, legislatures, and public debate where they are desperately needed.