Autobiography: Hallowe’en 2006: Epilogue.

(Read the first two parts of this excerpt here and here.)

To say I was dismayed would be like saying Louis XVI owned a supply of wig powder. I’d been working at the Capitol for over a year, and it had never crossed my mind that any of my bosses might have a problem with my transition. It was a government workplace, I reasoned, and I had always believed governments in the United States didn’t discriminate against their employees in that way. That belief had been a big part of the reason why I left the corporate world, with its unpredictable caprices, for the Office of Legislative Counsel. It’s the trade I thought I was making, in exchange for the much higher salary I’d been making in the IT industry.

In hindsight, I know that sounds naïve. I didn’t predict how conservative and xenophobic Sewell Brumby could be, or that the lack of written and agreed-to office procedures meant he could be an autocrat with great leeway to run his fiefdom however he saw fit.

But hold the phone: Sewell and I were living in different realities. On that day I was a transitioning gender-dysphoric person expressing her true self on the job for the first time. But as far as Sewell Brumby could see—as far as anyone had told him—I was simply one of his male employees who had costumed as a woman as a lark for Hallowe’en.

He was definitely, if unfortunately, within his bounds to send me home for that reason if he didn’t like it. But maybe, I later reasoned, he would have had a different reaction if he had fully understood the situation.

I clung to that possibility for most of the next year.

In the fullness of time, after Sewell fired me and I initiated my lawsuit, I didn’t think the “Hallowe’en 2006 Incident” counted for much. Since he hadn’t known I was transgender at the time, and didn’t fire me then, I thought his sending me home for wearing a costume he didn’t like wasn’t relevant to my case. I almost didn’t even mention it when my Lambda Legal attorneys interviewed me during their fact-finding phase.

The incident was, in fact, of critical importance to the case.

It made all the difference that other people also came to the office in costume that day. Sewell may have seen Barbara in her witch costume, but he definitely saw Eugie in her phouka drag—and he did not send either of them home or tell either of them to remove their costumes. This showed that it was not the wearing of a costume itself that he objected to, but the specific nature of my costume. As Sewell put it three years later when my Lambda Legal attorneys deposed him:

“When I looked at Mr. Morrison, I did not see what to me was a Halloween costume. I saw what to me appeared to be a man who had cross-dressed with some degree of apparent practice and expertise in doing so.”

I saw what to me appeared to be a man who had cross-dressed with some degree of apparent practice and expertise in doing so.

Sewell Brumby was unable to explain why my “apparent practice and expertise” was a problem, so my attorneys explained it to the courts on his behalf, and over his protests: he was creeped out and disgusted by gender nonconforming behavior.

Throughout the lawsuit, Brumby and his attorneys had maintained that he had no problem with gender nonconformity; that it was my transition itself, and the disruption to his workplace that he believed it would cause, that forced him to fire me. But the Hallowe’en affair, which happened before he even knew I was transgender, indisputably put the lie to that claim, and both of the federal courts that ruled on our case got this.

Anyway, on that day he told me to go home, so I went home, shocked and a little heartbroken. And fearful. Sewell hadn’t said, “Go home, change your clothes, and return to work.” All he’d said was, “Go home.” I wasn’t sure if I had just been fired or not.

I decided to act as if I hadn’t been fired. This meant I should return to work, even though it was the last thing I wanted to do. Although there were still some doughnuts left. When I got home I changed back into boy mode and then drove back to the Capitol, arriving around noon. I considered going to Sewell’s office and confronting him, but I’ve never been good at confrontations. I avoid them when I can.

Besides, he’d obviously been seethingly angry when he sent me home. I didn’t want to poke a hornet’s nest; I thought it wise to avoid him until he’d cooled down a little. I went directly back to the editors’ office instead, using the mezzanine stairs. Odds were low that I would encounter Sewell again before the end of the day.

I didn’t see him again that day. A few coworkers asked me why I’d changed out of “costume”; I told them candidly it was because Sewell had told me to. They all looked disappointed; especially the ones who’d heard what I was wearing but hadn’t had a chance to see it yet.

They were puzzled, too. They didn’t understand Sewell’s reaction any better than I did. This reinforced the opinion I’ve always held, and which turned out to be true: Sewell Brumby was the only person working in that office who would ever have a problem working with a transgender person.


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