CT Transadvocacy Coalition Alert
June 14, 2004
http://www.transadvocacy.com/alerts/SSA_6_14.htm
As we all are highly aware these days, identity verification, theft and security are on the tips of many bureaucratsâ tongues, as well as government agencies. And of course this includes the United States Social Security Administration. If you are not a transsexual or an immigrant you probably are not aware of a little known item termed: SSAâs no-match letters. These are letters sent by the Social Security Administration to an employer if the employeeâs W-2 detail information does not match the Social Security Administrations record. And of course, for some unknown reason, gender is one of the fields in this information match! Now you may say, What is the big deal? Well if you are a transsexual it is a very BIG deal.
As background, let me explain a little about one's gender [in reality sex] and the Social Security Administration. As noted recently by the National Transgender Advocacy Coalition regarding changing ones gender on their SSA record:
The new SSA policy (RM 00203.210 paragraph C) requires a person -- the Number Holder (NH) in SSA parlance ãto provide clinic or medical records or other combination of documents showing the sex change surgery has been completed. All documents must clearly identify the NH. Previous policy required documents that show sex change surgery has either been completed or started.
If you are a fully post-operative transsexual, you have no problems. However, if you are one of the more numerous Transsexuals that have not had the privilege and/or desire to have this expensive and major surgery, what is the impact of the SSA's policy to you? Well, in that case, expect to receive a call from your employer, asking you to explain why your employment gender [sex] does not match that on the SSA records.
And of course, if as with many transsexuals you are not Out at your workplace, you have just been OUTED by the Federal Government!!!! And even if you are Out at work, your operative status may not be out [last time I checked, employers did not do crotch checks] and of course, at best, such a situation is highly humiliating and degrading.
In fact yours truly can attest directly to this! On June 17th, 2003 at 4:07 PM an email was mailed from my HR/Payroll department to me stating:
"Social Security Administration has reviewed the information that we have on file for you and they have indicated that your gender does not match the record that they have. ..."
Needless to say, even though I am very out at work, this email was highly humiliating and degrading. And of course, my first concern was that will I be fired or required to change my company's employee gender designation? For details on how this situation unfolded, you are referred to my write-up on the CTAC website at: http://www.transadvocacy.com/ssa
At any rate, this issue is not about me. In 2003, the SSA began notifying employers if any employee record had a mismatch and I was simply one of the very first to be impacted by this revised SSA policy. And unfortunately other Transsexuals are now receiving similar letters, some with not as positive outcomes as I have had!!!
Clearly this is a violation of oneâs privacy rights. I shall excerpt a portion of a letter from Linton Joaquin, Director of Litigation at the National Immigration Law Center [http://www.nilc.org] and co-signed by over thirty other organizations, that was sent to the SSA:
"Alerting the employer of the specific reason for the mismatch serves no useful purpose; instead, it will violate individuals' privacy rights by giving out unnecessary information. For example, the second code explanation notifies the employer that there is an SSN/gender mismatch. Currently, there are many jurisdictions that enforce transgender explicit non-discrimination laws. Code explanation two could potentially facilitate discrimination against transgender individuals whose names/numbers appear on a no match. To prevent this, we firmly believe that only the employee should know or needs to know the reason for the mismatch. We feel it would be prudent for the SSA to avoid potential conflicts with other areas of the law by keeping the reason for the mismatch confidential. Ensuring such confidentiality is especially sensible given that only an employee can amend his/her records."
Perhaps I am wrong, but if a similar Outing by a Government Agency was being done to Gay's and Lesbian's, I would venture we would hear a vociferous outcry by Congressmen such as Barney Frank or Edward Kennedy. Not to mention the National Gay and Lesbian organizations. Yet outside of this alert, or those by the National Transgender Advocacy Coalition, there is precious little VOICE OF OUTRAGE!
Well, the Connecticut TransAdvocacy Coalition is reaching out to you and your organizations to join us in a collective VOICE OF OUTRAGE, at this illegal and wrong OUTING of Transsexuals by the SSA. We are also talking with some Trans Supportive national organizations in the hope that they also will add their voice to this wrongdoing by the SSA. And remember, there is still a struggle for gender identity or expression inclusion in the National Employment Non-Discrimination Act [ENDA] as well as precious few states having non-discrimination laws protecting gender identity or expression. Clearly, I cannot think of a better reason than this horrific Outing by the Federal Government, to include non-discrimination protections for gender identity or expression.
Stay tuned for we will be developing an Action Alert for specific steps to be taken to correct this SSA policy. Till then, please let others know of this wrong being perpetrated on the Trans community. And we urge you to contact us at info@transadvocacy.com if you or your organization would like to assist or partake in coordinating an effective response.
Peace love and solidarity,
Jerimarie Liesegang
Director, Connecticut TransAdvocacy Coalition