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Sorry for another long essay but I feel this episode needs to be known by others as a warning that you are NEVER safe from any employer who decides to target you. My work history was exemplary and made no difference; in fact, as my state employing agency Director issued an agency-wide performance award to me at an agency gathering, he gave my separation papers to me a few days later. Neither are you safe from any SSA employee who may get into your file and disrupt your records.
As the saying goes, 'Don't get me started. Don't even get me started!'
It happened twice when my employer fired me exactly because I am transsexual: from a federal agency (1983) and a state agency (2008).
There is a periodic discrepancy report that every employer receives from Social Security Administration. That report identifies every employee whose SSAN file does not match according to their identification at their employer. I know this from multiple situations, primarily because personnel offices receive it, I worked for the Personnel Office of the USDA Forest Service (1978 - 1985), and that report outed me twice.
I changed my SSA record to Sharon / female during Summer 1978 while employed as a civilian at a military base. My appointment was temporary and expired 30 Sep 1978, so that employer may not have seen any purpose taking action. Besides, one of our military agency's employees was transsexual and it would seem incongruent to fire me.
1:
I had recently begun my appointment to the Fores Service, was doing my transition, and not 'out' at work. I returned early from lunch overhearing my supervisor and another department supervisor mentioning my name with 'He's a she' followed by 'No, she's a he' and more back-and-forth. My name was on that SSA discrepancy list and my supervisor violated my employee and medical privacy by discussing my personal matter with another person not on any need to know.
This supervisor apparently had no mind about me but my background became office gossip the two years I was stationed at that location. I was promoted and transferred to another location at metropolitan Salt Lake City, Utah (October 1980). The gossip followed me to Utah but was not antagonistic - yet.
My new supervisor took office by mid-1981; she did take offence at my person. The office gossip worsened for two years until one day she summoned me to her office and ran me through the 'third degree': 'There's someone in this office who is a woman working here pretending to be a man and we can't have any of that. I think that is you.' Of course she knew it was me, my name and sex did not match my SSA file - I was on that discrepancy list. I tried defending myself without admitting anything but that mattered little. She told me she was initiating action to fire me because I am transsexual.
I fought my firing the next two years as other issues unfolded in an exchange of charges and counter-charges until it was futile; I developed other plans. I filed for Un-employment Insurance, the agency challenged my application, but I won when UI ruled that I had endured a 'hostile work environment' for six years.
My regret was that I did not return to work the next day as Sharon / female and put the onus on them. Now what. If the charge was presenting at work as a male when I am female, then presenting as female gives no basis for their action.
What also hurts is that another Forest Service co-worker in my same organisation at a different location began her open transition in 1985 as I was on my way out the door. I learned recently that she is now the Assistant Director at that site where I was fired. Huh!
2:
I had been working for the State of Arizona since 1990 and all was quiet. My name was not on any SSA discrepancy report because my name and sex were a perfect match between employer and SSA. I got summoned to a manager's office in 2005 or so and here we go again. She told me that my name and sex appear as Nick and male and why is that. 'Are you a transsexual?' she asked me. I refused to answer any questions; my private life and medical history is none of their business. I went to SSA and asked what is going on; they told me to go back to court, get a new court order, and they will restore me to Sharon / female. I did that but the damage was done - again.
It seemed quiet for a few years but there were constant rumblings about that SSA discrepancy report and my name being on it the way it was; other managers called me to their office demanding an explanation and I continued to refuse to respond. My agency director brought me to his office, gave official papers to me and told me that I was being fired as 'mentally unfit' (2008). As with the Forest Service, we exchanged our charges and counter-charges during the next two years. At my hearing, my Director admitted committing three additonal federal felonies in his action to fire me; nothing happened to him, but I was fired just the same.
Hey, since my employer says that I am 'mentally unfit' and 'disabled' then why not file Social Security 'disability'. SSA ruled that I am not 'disabled'. I used that SSA determination in my defence - it was among a handfull of psychological papers all sustaining my mental stability.
I appealed my firing and won; that was a surprise. The agency was ordered to restore me to my job; they refused. I went so far as to show up for work one day and my agency blocked me from taking my desk. I filed my six month 'notice'. It gave me time to think. I decided that further fighting the firing was not in my cards this time. If I continued fighting and the next level of appeal ruled for the employer, then I'd be in a deeper hole without any legal assistance and have more work to get out. Whereas, I always have my piece of paper that says I won.
I was stupid and naive the first time, and I got lucky (1983). I was a little wiser the second time and knew my course was futile despite my legal 'victory' (2010). Fighting the state employer, my lawyer ditched me at the last moment. I could not get any lawyer to come to my aid. EEOC refused to accept my case. The AFSCME union refused to defend me. ACLU would not talk to me. There are state and federal agencies and non-profits supposedly established to assist the 'disabled', yet they all refused assisting me.
That second time, I stept on the toes of the big boys and girls of both political parties when my counter-charges went public and this was their wrath against me. I was told that I 'would never work again'.
My consolation was UI. They again ruled that my state as employer conducted a 'hostile work environment' against me.
I got a sudden notice from SSA telling me to report to the state agency's hired gun psychologist for an appointment. She made repeated hostile comments to me during our interview; lo and behold, she determined that I am 'disabled'. SSA took her decision and placed me on disability.
So here I am, totally unemployable and receiving a meager SSA disability check until my employee retirement begins.
Epilogue:
I spent many days this year getting SSA to once and for all correct my file that they continually reverse. I was at the SSA office three days during one week in July to correct my file after it was reverted each day after I was there.
Out of year-end curiosity, I went to SSA last week to enquire about the status of my SSA file. This time I got to speak with a supervisor who was quite open to show my record as it appears on his computer screens. We both laughed at the absurdity - there was the entire screen filled with line after line of changes flipping my record from Sharon / female to Nick / male and back again all throughout this year. He made a copy of my passport and assured me that my file should not be reverted again.
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