I plan on getting my name and gender marker changed in January or February of 2013. Can I get my gender marker changed without surgery with SS? I see on their website they require bottom surgery, but people here say that is no longer the case. Also, when applying for jobs do you have to disclose if you've been known by any other name?

In the US, Social Security will not change your gender marker without a surgeon's letter. 

For MTF, it has to be bottom surgery, either orchiectomy or full SRS, with physician's letter stating "has completed sex reassignment surgery".

For FTM, I believe a carefully written surgeon's letter that doesn't specify the exact procedure but uses the right language "has completed sex reassignment surgery"will allow a gender marker change with top surgery or bottom surgery, either one.

The known by any other name depends on the employer. Definitely yes if there is a criminal or security background check required. For others, you could probably leave it blank, but saying 'No' would be lying and could cause you problems.

Quote from: MadelineB on October 14, 2012, 06:56:49 PM
It totally depends. What is your state, province, or country?

Whoops forgot to write that. It'll be getting done in New Jersey in the United States.

Not sure about gender marker changes. In Alaska, where I am a resident, you have to have everything done to get the marker changed. I'm resigned to waiting until I move back to the states, since I would have to change way too much and my marriage would be annulled, meaning I couldn't be here with my husband while he works throughout his three year contract.

As for names - yes, you have to disclose. If they found out that you did not, or it pops in a background check, it could get messy for you. I know people who were fired for not disclosing their maiden names or their last names from previous marriages. The only exception that I know of is minors whose names were changed because their parents got remarried, etc.

Here's a whole thread started by me about the "other names" question on job applications.

The fundamental guideline is that in the U.S. employers are not supposed to ask questions that may elicit a protected class* without a justification for said question(s), but if the information is necessary in checking records they can ask. That means that basically if you have any work, school, or criminal records under your old name that they want to check then you must disclose that (or you'll likely be accused of covering up those records, especially if it's a criminal conviction or something along those lines). As Ayden hinted to an exception (that would apply to TSs) would be those who transitioned before or immediately after coming of age (and never "formally" [where they send you a W-2] worked before their name change) who wouldn't have any records the employer would be concerned about under their old name (in that case like I said in my post I recommend putting down "none that any relevant records are under" to cover yourself; in most cases they'd assume you were adopted or had some other childhood name change). If all the records under your old name are technically something they may check, but are unlikely to (such as high school records once you've graduated college or employment from more than a decade ago) you might put down "will explain" and then touch that you had a name change a number of years ago if asked at an interview or other contact; they may not need to know your former name after all. If you've transitioned within the past few years (with the youth exception mentioned above), have ever been convicted of a crime before your name change, or the job requires a security clearance where they trace you back to birth (typically high-security government jobs, law enforcement, etc.), you might as well disclose the name since they'll probably need to know sooner or later.

*Another example where asking for one's prior names could lead to discrimination is an immigrant who adopted a name that helped him/her assimilate in the local culture. 

Another suggestion: If the issue is specifically a criminal records check, and is done by another company, you might ask to deliver the sensitive information directly to whoever's doing the check (although the report will probably show your old name anyway if there are any entries before your name change on there). This practice is becoming somewhat more common with the rampant age discrimination against older workers and the need for a date of birth as an identifier (all an employer needs to otherwise know before hire is that the worker meets the minimum age requirements for the job).

One more thing that I forgot to mention based on how you (the OP) worded the post: If the application or interviewer doesn't actually ask for previous names* then at that point you probably don't need to say anything about that (in other words there's no need to list it under a "supplemental information" or "comments" section in that case). The exception would be at the point they're about to pull up one or more of the records mentioned in my first post to this thread if they're under your prior name, so they don't wonder why the check failed (e.g. if they run a degree check and it's under your old name it will come back as you having not earned it or even attended the institution if they don't know what name it's under, likewise if they try to call a prior employer or references that only know you by your former name). Since faking education and/or employment is quite common on job applications and résumés, that's what they'll probably assume if the contacts don't recognize or can't look up your name.

*If they ask you in a manner like "Do you have work or educational records under another name?" (which makes the application/interview fully legal throughout the country in that regard, as opposed to asking for any previous names without specifying the purpose), and you have such records under that name, you'll almost certainly need to mention so since they'll very likely check them (especially if they're recent/the highest level you've obtained). On the other hand, the lucky very young transitioners who are free from any of those records under their old name can (depending on how it's structured) either leave it blank or give a "no" response.

Thanks all!

I assume I will not be able to change my gender marker on my SS card until top surgery then since I don't plan on bottom surgery. I'll keep the "known by another name" stuff in mind when applying for jobs after my name change.

My understanding is that bottom surgery is not needed for changing SS. (US). I have even heard of someone changing it with T only. Something like all steps needed to permanently change or something of that order. I suppose top surgery would be useful. Really depends on who is doing the forms.

--Jay J

If you request to get your name change records sealed, I don't believe you have to worry about the employer thing. My lawyer applied for mine to be sealed just because my records then wouldn't be accessible to the public or any other people unless it was because I was convicted of a crime but there would have to be very serious reason relating to that case. If your endo writes the letter and words it just right, you can change your gender for SS. I would google examples but usually it just simply states you have irreversible changes and so on. Good luck!

Quote from: tgchar21 on October 15, 2012, 09:39:28 AMAs Ayden hinted to an exception (that would apply to TSs) would be those who transitioned before or immediately after coming of age (and never "formally" [where they send you a W-2] worked before their name change) who wouldn't have any records the employer would be concerned about under their old name (in that case like I said in my post I recommend putting down "none that any relevant records are under" to cover yourself; in most cases they'd assume you were adopted or had some other childhood name change). If all the records under your old name are technically something they may check, but are unlikely to (such as high school records once you've graduated college or employment from more than a decade ago) you might put down "will explain" and then touch that you had a name change a number of years ago if asked at an interview or other contact; they may not need to know your former name after all.

Another possibly safer option if you're in one of the two above categories: Contact someone in HR first likewise explaining your situation (you had a name change before having any records under your old name, or the records are likely to be irrelevant due to the time lapse) before filling out the application.

Quote from: kenton_07 on October 16, 2012, 07:23:02 PMIf you request to get your name change records sealed, I don't believe you have to worry about the employer thing.

You still might if your education or work history that they want to check is listed under your old name. What sealing the record does is makes it where the public can't search the court records for your name change; it doesn't do anything extra with regards to the ability to change past third-party records. Searching court records is not the typical way that employers find out about the other names you've used; what they do is run a trace on your SSN which will reveal any names you've used for purposes like working or obtaining credit (from what I understand it's not an actual record from the SSA, so once again if you changed your name before having records like the aforementioned ones attached to your SSN you're most likely free). On the other hand, any nicknames or aliases you've used in such a capacity (even if you didn't formally change your name) will also show up (e.g. if you go/went by your middle name instead of your first and have signed one or more of the above that way). Even variant spellings or spelling errors that have been used for such will show up as another alias. (If you're a CD/TG/TS planning on obtaining a credit card under your chosen name, if the credit card company allows you to get a card under a name other than your legal one, but plan on continuing to work under your birth gender, the name on that card could very well show up!)

I'm not trying to sound like a broken record...but I think depends on the state. I know you mentioned your state but I live in MI so I'm not sure...sorry for not being helpful!

Quote from: Darrin Scott on October 14, 2012, 06:53:38 PM
I plan on getting my name and gender marker changed in January or February of 2013. Can I get my gender marker changed without surgery with SS? I see on their website they require bottom surgery, but people here say that is no longer the case. Also, when applying for jobs do you have to disclose if you've been known by any other name?

I had my gender maker changed without any surgery. I just needed a doctors note saying I live full time as male. As for my SS... I mailed in my doctor's note, (no privacy over there whatsoever)so I have no idea if it's been changed with them or not. The lady there told me that I needed a doctor's note to change the gender to male there.

I used to put my old name down when it asked for it on job application, but I don't do that anymore. I'm trying to start over as male, they don't need to know I'm trans.