I can't even get an $8 an hour job at Target! "Background report" with 2 names!

[Teri Anne]

I had hopes, when I moved up here to Washington state (near Tacoma) from Los Angeles, that I'd be able to start my life anew with no one knowing about my past.  I'm a post-op M2F TS (operation in 1999). 

Well, little did I know that, despite my earning $70,000 to $100,000 in my Hollywood editing gig, that I wouldn't qualify to get an $8 an hour job at a Target store.  It's all presumably due to one little question on their application:  "Did you have any previous names?"  Because another application at a grocery store had indicated that I didn't need to reveal a name change if it had been more than 7 years ago, I decided to respond, "no."  Not responding was not an option -- the computer that you fill the form out on would simply inform you that you hadn't answered that question and demand that you answer (or quit the application process).  On other applications (Home Depot, various grocery stores) I HAD revealed my previous MALE name.  I never, of course, was called for an interview. 

In Target's case, I was interviewed two times (their standard for everyone) and then was called back to be told that I was tentatively being offered a job provided I passed a drug test and a background test.  The person that was hiring said that I did unusually well in my previous two interviews.  Apparently, she did not discern anything negative about my appearance or she wouldn't have offered me a job.  While it's probably illegal for state or federal agencies to reveal my past name, we all know that there are TONS of information gathering companies that love to sell that information.  Presumably, someone tied my social security number to my past name and bingo!  Gee, Teri lied on her application about not having a previous name.  Lying on an application, of course, is grounds for firing.  It says so on the application.  The rub, of course, is that if I respond truthfully about my past male name, that will cause them to forget about me and move onto the next application.  In their bigotted thinking, changing genders could indicate some kind of sexual perversion (I'm actually a pretty normal, if not boring, person).

So, to those of you who are thinking of transitioning, buyer beware!  If you ever are going to apply to a job that demands a "background check" (and I think most jobs do, nowadays), know that your gender transition may kill your chance for employment.  I don't know what the answer is.  If I tell the truth, they won't hire me.  If I lie, saying I don't have a previous name, they'll tell me that I'm lying and thus won't hire me.  Obviously, discrimination because of my gender transition must be illegal (even in a backward state like Washington), but go and try and prove it.

I once heard a quote that I identified with:  "It could be that the main purpose of your life is to serve as a warning to others."

Does anyone know Washington state laws regarding all of this?  Do I HAVE TO reveal my past name or is it illegal for them to ask me that question if it's been more than 7 years since my name change?

Thanks in advance for your thoughts or suggestions.

Hugs, Teri Anne

[Julie Marie]

Teri Anne, this is one of the things that I've thought about many times.  It was the Real ID act that woke me up to this.  A friend of mine recently accepted a position using her female name and putting "F" for gender even though she hasn't changed any of her vital records.  We talked before her interview and I told her she's setting herself up if she does that but she did it anyway and was hired.  But she will forever have the sword of Damocles hanging over her head.

Ain't life grand when you're trans?

Julie

[cindianna_jones]

Is it possible to have your name changed with the credit reporting agencies?  That's where they would get the information.  And, you need to give your approval for them to check with the reporting agencies from what I understand. 

I'm sorry Teri. This really sucks.

What problems we face.

Cindi

[Melissa]

Hi Teri.  I do not know of any such law.  Perhaps you could get a free consultation with a discrimination lawyer and ask them.  My recommendation would be to go to the HRC website and look up companies that are ranked well (especially on gender identity) on there and apply for jobs at those locations.  As for discrimination with employment, a new law was recently passed last June, so unless you can prove it (i.e. a rescinded job off on the basis of previous names), you can't do much about it.  Another idea would be to do your job search in a more well-known liberal area (usually a bigger city).  Work on your resume to get it perfect.  Try and get it to shine so brightly, they will be too blinded to see the previous names field.

You may also try contacting HRC and Lamda Legal to see if you can get some more info.

Melissa

[Sharon S L]

I don't know about anyone else in Australia, but so far no job application that I have filled out, has asked if you had a previous name, that includes Government jobs, Woolworths or the Coles/Myer group, even in interviews I have never been asked that.

Also In the Territory and as far as I know Queensland, not sure about other places, when you have the Op. you can be issued with a new birth certificate in your new gender with only your female name listed on it, or so I have been told by Births, Deaths and Marriages.

Hugs,
Sharon

[Teri Anne]

Thanks for your suggestions.  This day has really been a "down day" for me.  I'm still stunned and frozen from this Target rejection.  It gradually is dawning on me that I have no hope of ever applying at a large company for they all seem to ask that question, "Do you have any previous names?"

While I could, indeed, pay to see what kind of information is released by the Social Security dept., California driving records, I feel it would only give me a minute fraction of the real story.  The sad fact is that there are literally MILLIONS of INFORMATION GATHERING COMPANIES who make money selling that information.  You only have to go on Google and type "background check" and you get:

"Results 1 - 10 of about 75,500,000 for background check"

75 and a half MILLION?!  It's stunning and frightening.  And, of course, these companies are happy to sell this information to anyone.  It's surprising that we ALL haven't had identity theft.

Sharon, I'm happy to hear that Australia doesn't ask the "previous names" question.  Hey, I'd probably try moving there but Australia, unlike the United States, has a tight immigration policy.  And, even if I could get in, I doubt that they'd want me looking for work there (I have enough of a pension to live on but would still like to work since I'm only in my mid-fifties. Working gives me a sense of purpose in life).

I tried the HRC site and did fill in the "Do you have a discrimination story you want to share?"  As to companies that are supposidly welcoming to GLBT people, I tend to have my doubts.  I worked at a major Hollywood studio that has the REPUTATION of being GLBT friendly.  Well, I encountered discrimination and lost work after working there for 25 years.  So much for reputations.  All it takes is one or two bigots in a supposidly GLBT friendly company and your life changes.

As to the "Real ID Act," I looked it up on Google and it, too, is frightening.  In principle, I don't mind having a national ID but, as the web page indicates, information such as birth dates and social security numbers would be accessable.  I presume they mean accessable by government but, as we all know, things have ways of leaking out.  Some government employees, both in Canada and Mexico, probably are salivating at the chance of selling such information on the side for some extra bucks?

But, back to the main issue of my post, I'm frightened of the millions of INFORMATION COMPANIES that are ready and willing to wreck my chances of starting a new life in my new locale.  My ex used to tell me that "good news travels fast."  It was her way of telling me that anything of a sexual nature (and that would include being TS) travels fast in the business world.

Unfortunately, so it seems, that "good news" of my transsexual (male) past now guarantees me failure at applying for even minimum-wage jobs.  Like I mentioned earlier, the only possible solution is to find a small company that doesn't run "background checks."  But maybe they all do -- heavy sigh.

Teri Anne

[cindianna_jones]

Teri,

I don't think that failure is a guaranteed.  I have always answered the question the way you did. I was never called on it.  So I don't know ultimately how you should check the box. There is no way I could put my old name on the form... there is nothing feminine about it.  Now you've got me paranoid.  I was thinking that I could go down and work at the local burger place part time as a way to get out of the house..... you know the American Beauty thang?  But if they check my ID like this, the whole community could know within days.  This sucks.

Cindi

[seldom]

Washington State is one of the states where there are gender identity discrimination laws.

It is far from a backwards state with regards to this issue, and Target probably just violated the law. 

Contact lambda legal.  This IS illegal in Washington State to discriminate on gender identity, it is one of the nine states with protections for gender identity.  They will probably have no problem taking your case.

This has NOTHING to do with the real ID act. 

Also you may want to apply to Best Buy...100% HRC score, largely because they are fairly progressive with regards to their transgender policies. 

Like it was mentioned...look at HRCs guide, apply to the places that prohibit transgender discrimination. 

Also it may be wise to be upfront with employers.  Just put a little sticky not reminding them of the law. 

Also this is why it is key to change your SSN, your Birth Certificate, and EVERY POSSIBLE DOCUMENT.  If you change your SSN, it is harder to track a persons background to a past name.  Some place you did not cover your tracks, it is figuring out where that place is.  Because honestly the name change field should not have been an issue. 

[cindianna_jones]

The problem Amy is that Teri wasn't "truthful" on her application.  So the company can legally turn her down for the position. The thing is... had she been truthful, they would have likely just passed on her application and never made an offer on the position.  You see, we are screwed either way.

Cindi

[seldom]

Actually one of the things with the gender identity laws is that it is still a violation of the law.  At least it is here in DC.  She should still contact Lambda, they may want to litigate this case, because there are clear problems.

This is an area that most states that protect gender identity do prohibit discrimination. 

Also I think Target may have gender identity nondiscrimination policy, it may be a good idea to contact their main office. 

Sometimes being an advocate for yourself and taking the extra step can be rewarding.  As much as stealth is valued, achieving true stealth is often difficult, especially with regards to jobs.  Sometimes you have to be an advocate as well as an applicant. It is this fear in the transgender community that often holds it back.  There is a law that prohibits discrimination in washington state...you have been discriminated against, contact the legal advocacy group and use it.  Do not hang your head and say its hopeless.  Take action.  If you are facing continuing discrimination because you are transsexual in a state that prohibits it contact your local lambda legal and get somebody to take on your case.  In the end you can end up with a job better than minimum wage anyway. 

The thing is you will be sacrificing a perceived level of stealth. But right now there is a problem in the records that is preventing you from achieving stealth anyway.   The thing is lambda may help you catch where the problem is coming from and help you correct it.   

[Teri Anne]

Thanks, Cindi and Amy for your input and concern. 

Cindi, it's interesting that you mentioned "American Beauty."  In applying to Target, I felt like I was doing the "American Beauty" low-wage job thing.  Money wasn't the object.  The object was to work, at anything, to feel a sense of purpose.

Amy, I'm glad to hear that Washington isn't as backwards as I thought and that they do have anti-discrimination laws.  I think one of my big problems is that I'm applying for work in a small suburb of Tacoma.  If I was applying in a major city like Seattle, I might have found more acceptance.  No guarantee, of course.

Just for the record, I DID change my Social Security, California driver's license and U.S. passport to my new name.  I never changed my birth certificate because I presumed that my passport with my new name would suffice.  I'll go ahead and write to the hospital to arrange for my birth certificate to be changed. 

My inclination is as Cindi suggests, not telling or telling (my past name) would still leave me in the same place.  Passed over and "screwed."

I'll check with Lambda, Amy.  Thanks for the help.

Teri Anne

[LostInTime]

Hugs.  Sorry to read about this.

I believe that it is impossible to completely divorce yourself from the previous name, once you have been named and numbered, which is usually at birth in the States (not sure about elsewhere).  When I ran full checks, the old name popped up in credit reports and the like along with the new name (this was before my current name change problems).  However, at the time NJ had refused to change my name on the birth certificate until I could prove I had surgery.

Recently when I renewed my license they ran the SS check and even though my state and fed IDs are different in first and middle names, the check went through just fine.  Much to the amazement of the really cool DMV officer that I was talking to and myself.  The IRS told me that they just look at the social security number and last name but I asked them to note what was going on in my file, just in case.

You could answer yes and then just put initials down, J.B. Somebody.

As for Best Buy, everyone I have known who had worked there, hated it with a passion.  YMMV.

[Melissa]

As for Best Buy, everyone I have known who had worked there, hated it with a passion.  YMMV.

My brother didn't.

Melissa

[Thundra]

I mentioned this before, but here it is again:

Try Whole Foods or the PCC's up in WA state, or any other co-op or natural foods kind of business. Most of them won't care even if they do know about your past.

They tend to much more accepting of people that are from, or live in an alternate lifestyle.

And maybe I am naive, but were I in your position, I would not list "other" names on an app. People often change their name to avoid detection of previous delinquent financial hanky-panky. The reason they ask you if you have had any previous names, is to see if you are attempting to do the same, or if you have changed your name because of marriage, that you incurred financial liabilities during that period of your life, or if you are attempting identity fraud.

If you have done a name change -- legally, and informed all the financial institutions where you could have carried over those possible financial liabilities, then you are not attempting to be fraudulent. If, during the screening process, the old name comes up, and you are called on it, then you can at least have the opportunity to explain your situation.

Your situation is completely different than someone that changes their name to avoid legal detection, or to attempt identity fraud. If you have changed all of your legal ID, including passport and BC, and alerted your financial institutions as to your new name and legal status, than you have complied with the spirit of the law.

I know in my own case, that I have changed jobs a lot, and I had a bankruptcy filing and their so-called background checks didn't even show that information or my bad credit. So, I am not saying what you are worried about is not possible, but I am saying that most businesses and the people they hire to check this stuff are pretty darn incompetent.

I say, you are who you are, and if they have an issue with it, than the onus is on them to prove that you are being fraudulent -- or risk legal liabilities.

[Sheila]

Why don't you tell them that you had a previous name? I really think that they don't care, just that they want honesty. If you had your name changed for one reason or another and you don't tell them, them might think that you are hiding something. I have worked in retail for a long time and really they don't care, just don't lie on the application, no matter what it is. If you had some violation in your car they want to know, they do check. It isn't about bigotry, it's about who they hire to handle their money and merchandise.
Sheila

[cindianna_jones]

Sheila, they ask for the names that you have used.  It would be a red flag to see William or Fred as a name previously used.  I can assure you, that any hiring manager would pass on the opportunity to hire one of us in this situation. For there is not a single thing that can be done. They can not be held to account for deciding not to hire you based on any personal bias. You have to prove it which is nearly impossible.

Cindi

[Teri Anne]

Thanks, Cindi.  You responded just as I would have.

No, I'm not hiding any financial or criminal things.  I own my own house (paid for) and I have an excellent credit rating (800+).  I have nothing to hide except my (male) past.  Unfortunately, as Cindi says, the hiring manager will just flip past my application once he sees my previous (male) name.  I may try LostInTime's suggestion of just putting down my first initial of my previous name.  At least, that way, maybe I'll get a chance to see their faces when they ask what the initial stands for.

It's a situation that didn't occur to me might happen.  In the computer information age where all aspects of me are shared for a profit, there is no such thing as a clean slate.

Thanks Thundra for the company suggestions.

Teri Anne

[KarenLyn]

What do you think of the idea of using your first and middle initials instead of the full former name?
I honestly haven't had the same problems you've had. I used my male name and got hired anyway.
I'd still rather be retired.


Karen Lyn [/b] [/i]     

[Melissa]

Another option may be to try feminizing the spelling of it.  I don't know the legality of that though.

Melissa

[KarenLyn]

I work for Group Health Co-operative in Seattle and there are always openings. You might want to check our web site to see if there's anything that suits you.  It's at www.ghc.org.  It couldn't hurt and there are locations in the Tacoma area.


Karen Lyn