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JPL scientists satisfied over stay on background checks
2007-10-15 16:18:59 Xinhua English

LOS ANGELES, Oct. 15 (Xinhua) -- A lawyer for 28 scientists at NASA's Jet Propulsion Laboratory (JPL) on Monday expressed satisfaction over an appeals court decision to extend a stay on background checks.

Attorney Dan Stormer, who represents the JPL employees, said they were "grateful for the court's action."

President George W. Bush signed an executive order in 2004, requiring the scientists to undergo background checks.

Last Thursday's order from a three-judge panel of the 9th U.S. Circuit Court of Appeals prevents the presidential order from going into effect until arguments on the appeal are heard during the first week of December.

"Because of the nature of the information subject to which the waiver applies, serious privacy concerns arise," the court's four-page order states.

The Los Angeles-based JPL workers sued on Aug. 30, claiming the proposed background investigations would violate their privacy by querying them about their sexual and financial histories, and psychiatric and traffic records.

Had the stay not been granted, the scientists would have had until Oct. 5 to fill out the questionnaires and other required documents in order to receive their new security clearance or risk losing their jobs.

The scientists, some of whom have more than 20 years of experience, argued they would suffer irreparable harm from the background checks.

"The 9th Circuit's published ruling recognizes the importance of privacy rights to all of us," Attorney Stormer said.

JPL representatives had no comment on the matter.

The plaintiffs argue that if the questionnaires and background checks reveal any derogatory information, they will be forwarded to JPL's human resources department.

The scientists claim that JPL posted on an internal Web site various grounds for "employment suitability," including "personality conflict," "absenteeism or attendance problems," "homosexuality," "sexual misconduct with impact on job," and "physical health issues."

The scientists also argued that the proposed background checks amount to an illegal search barred by the U.S. Constitution.

NASA has argued it is following government policy that applies to millions of civil servants and contractors.

On Oct. 3, U.S. District Judge Otis Wright, in a 17-page order, upheld the background checks, calling the JPL workers' claims merit less.

"Plaintiffs make no argument that a questionnaire, background check or authorization to release records constitutes a 'search,'" Wright wrote.

The scientists "are simply giving authorization for the government to perform a background investigation," Wright's ruling states. "Anything that might arise after an employee signs the authorization is purely speculative and not ripe for review."

Wright also ruled that the plaintiffs had not shown any actual invasion of privacy, "but only a potential invasion since the government has not checked any of the plaintiff's backgrounds."

Stormer then filed an emergency appeal with the 9th U.S. Circuit Court of Appeals, which instituted a stay on the background checks.

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