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: Legal Pad | LA

Background checks of NASA scientists threaten their rights

By Jason Siegel

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Invasive background checks of senior scientists and engineers at NASA's Jet Propulsion Laboratory's threaten their constitutional rights, the 9th U.S. Circuit Court of Appeals ruled on Friday (Nelson v. NASA).

At issue was a 2004 executive order (Homeland Security Presidential Directive 12) requiring all federal employees to sign a waiver allowing their employment, financial and medical histories to be investigated - as well as asking personal question from friends and coworkers - or be fired.

In October, U.S. District Judge Otis Wright denied an injunction sought by the 28 JPL employees, saying the employees were unlikely to suffer from not agreeing to the background checks.

The 9th Circuit disagreed, finding that employees had to choose between losing their job and a violation of their constitutional rights. "The balance of hardships tips sharply in [JPL's] favor," wrote Judge Kim Wardlaw. "The district court?s denial of the preliminary injunction was based on errors of law and hence was an abuse of discretion."

Court: NASA background checks threatening rights, Associated Press
Judge Stops Background Check for JPL Workers, CBS News

Full post as published by Legal Pad | LA on January 14, 2008 (boomark / email).

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