Thursday, February 28, 2019

E-Verify and Being Transgender - Part 2

My day at work proceeded normally; meetings and database work. I sent an e-mail to HR asking that we meet and discuss the E-Verify notice. 

At that meeting I explained concisely why I am not going to change my Social Security (SSA) records due to retirement payments, and medicare coverage. The danger of coverage disruption outweighed my need to be employed at this time.  

Last evening I did my research and learned quite a bit about the E-Verify process. Yes some states require E-Verify; Some companies doing business with the federal government are mandated to use the system and some employers voluntarily use it. Although the requirement is real and the requirement to close every open case is mandated, there are not laws in place to mandate how the cases must be closed - At this time!

It is a tool of intimation. It provides an employer grounds to terminate an undocumented employee (new hire) with disputed identification. And that is the first option presented in resolving an open case.

There are two other options that can be used as well:

  • [Company] will continue to employ [Employee Name]
  • Neither of the option above apply.  I am closing this case for a different reason. (Other)

For now an employer can opt to continue and keep the employee. (Case Closed).  I would assume under an ICE audit you must justify this action.  

In my case, I laid all my cards on the table (so to speak) providing all needed documentation. I was already "outed" so no reason to withhold now. I mentioned to HR there are options other than termination, however, fully acknowledged they would be with their right to proceed with immediate termination. That did not happen and HR is likely going to pursue one of the other options. I will know more in a few days.        

My opinion, E-Verify at this time is an intimidation or bullying tool. Today I stood up to the bully and we shall see how this plays out. As long as one can provide the legal proof that I-9 requires, E-Verify closure should not be a problem.   

I apologize for the blog being so drama laden for the last two days. We shall return to regular programming soon. Thanks for all the e-mail support and comments.  Rhonda does have fiends.



  1. Rhonda -

    The big problem is having to out yourself to HR in a place that provides you no protection. Even if you were in a protected class, EEOC was weak by design from the beginning of its existence. So people like us are hired/fired at the whim of employers - and we have a government agency which is underfunded, understaffed, with few tools to fight discrimination.

    You are lucky, as you blend in well enough to be taken as the woman that you present yourself as. Hopefully, this will be the last you hear of this E-Verify issue, and that you can go back to work as who you are. Just beware that your identity will likely pop up again as an issue if/when Social Security picks up the difference between legal name and that you used to get hired.

    Good luck on the job!


    1. Thanks for the support Marian. I will keep everyone posted on the final outcome. Florida in general has no protection based on Gender presentation. Palm Beach County does. This job is in Martin County that does not have protection.