Transgender Army Special Forces Veteran’s Lawsuit Against U.S. Department of Defense Partially Dismissed, Rehabilitation Act Claim Proceeds

A Maryland federal court has partially dismissed a lawsuit filed against the U.S. Department of Defense by Stacy Faulkenberry, an Army Special Forces combat veteran and transgender woman. Faulkenberry initially filed the suit on May 12, 2022, and later amended the complaint on December 15, 2022, to include three counts: (1) Hostile Work Environment Based on Sex and Gender Identity in Violation of Title VII of the Civil Rights Act of 1964, (2) Retaliation in Violation of Title VII, and (3) Violation of Confidentiality Provisions of the Rehabilitation Act of 1973.

The court has dismissed the hostile work environment and retaliation claims (Counts I and II) without prejudice but has preserved Faulkenberry’s Rehabilitation Act claim (Count III). This claim alleges that her supervisor improperly shared her medical documents with other officials who had harassed her due to her gender identity. The discovery process will proceed on this particular claim.

The court is currently considering two motions: (1) Defendant’s Motion to Dismiss Amended Complaint or, in the Alternative, for Summary Judgment and (2) Plaintiff’s Motion for Discovery Pursuant to Rule 56(d). Both parties have submitted their respective oppositions and replies for each motion.

After reviewing the materials, the court has decided that no hearing is necessary. The judge has granted the defendant’s motion to dismiss as it pertains to Counts I and II but denied it without prejudice concerning Count III, allowing the defendant to move for summary judgment again after the close of discovery.

In addition, the court has granted plaintiff’s motion to the extent that Faulkenberry seeks discovery as to Count III. This decision marks a crucial development in the ongoing legal battle between Faulkenberry and the U.S. Department of Defense.

The outcome of this case could have significant implications for the rights of individuals working within the Department of Defense and potentially set a precedent for future cases involving workplace discrimination and retaliation based on sex and gender identity.