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Judge backs JPL workers
Los Angeles Times ^ | January 13, 2008 | From the Associated Press

Posted on 01/13/2008 1:01:46 PM PST by Haddit

A federal judge blocked the government from conducting background checks of low-risk employees at NASA's Jet Propulsion Laboratory after an appeals court said the investigations threatened the constitutional rights of workers.

U.S. District Judge Otis Wright issued the injunction Friday after the U.S. 9th Circuit Court of Appeals reversed his earlier ruling and issued a sharp rebuke to the judge.

The higher court said the 28 scientists and engineers who refused to submit to the background checks faced "a stark choice -- either violation of their constitutional rights or loss of their jobs."

The workers sued the federal government, claiming that the U.S. space agency was invading their privacy by requiring the investigations, which included probes into medical records and questioning of friends about everything from their finances to their sex lives.

(Excerpt) Read more at latimes.com ...


TOPICS: Government; News/Current Events
KEYWORDS: 9thcircuit; clearances; jpl; nasa; nationalsecurity; ruling; security; workplace
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NASA has argued that requiring employees to submit to the investigations was not intrusive and that the directive followed a Bush administration policy applying to millions of civil servants and contractors.
1 posted on 01/13/2008 1:01:47 PM PST by Haddit
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To: Haddit

These guys are already employed there. It is a change to previously-agreed working conditions.


2 posted on 01/13/2008 1:07:10 PM PST by proxy_user
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To: Haddit
Kinda throws the doors wide open for spies. I had a security clearance 35 years ago. You couldn’t pull that then.
3 posted on 01/13/2008 1:14:10 PM PST by mountainlyons (Hard core conservative)
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To: Haddit
Big f*ckin deal.

I had to pass a complete background check to work at Sikorsky and it didn;t bother me one whit.

Personally, I would just eliminate the job descriptions if the 9th circus had to intervene, and start again.

4 posted on 01/13/2008 1:17:30 PM PST by bill1952 (The right to buy weapons is the right to be free)
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To: proxy_user

Just remember that you’re supporting a ruling from the Ninth Circle-Jerk Court of Appeals for the United States.

IMO, JPL is validly a top level security institution. As such, I believe background checks are justified.

If someone had slipped through before, I would like to have that rectified now, before something bad happened.


5 posted on 01/13/2008 1:17:45 PM PST by DoughtyOne (< fence >< sound immigration policies >< /weasles >< /RINOs >< /Reagan wannabees that are liberal >)
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To: Haddit

Heck - a BUNCH of private sector jobs now require background checks... why shouldn’t working at JPL be any different?

Runaway Judicial System, Inc.


6 posted on 01/13/2008 1:24:53 PM PST by TheBattman (LORD God, please help us to elect a Godly and patriotic man for President in 08, Amen.)
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To: mountainlyons

This is “at will” employment. They’re not required to work there.

A backgroung investigation the terms currently or what we’re going to change to. You don’t like it...then get a job elsewhere...like the in private sector. Let’s see how that works out for you.


7 posted on 01/13/2008 1:24:59 PM PST by Ouderkirk (Hillary = Senator Incitatus, Clintigula's whore...er, horse.)
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To: DoughtyOne

Not. I’ve read the opinion. While the 9th is clearly screwy a lot of the time, and particularly in the national security context, the government’s position here was flat out ludicrous.


8 posted on 01/13/2008 1:25:42 PM PST by Thud
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To: bill1952

My son just got a job at an insurance company and he had to provide xerox copy of his college diploma that he got years ago. They did extensive background check. Big deal. I worked at a bank and if they asked you to do lie detector test, you had to do it. I never had to.


9 posted on 01/13/2008 1:28:59 PM PST by buffyt (Glowbull Warming: The Greatest Hoax Since Y 2 K !!!!!!!!!!!!!!!!!!!!!!!!)
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To: Thud

How?


10 posted on 01/13/2008 1:29:58 PM PST by aroundabout
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To: Ouderkirk
This is “at will” employment.

I am “at will” retired now and I will not let Hillarat change that!

11 posted on 01/13/2008 1:31:32 PM PST by mountainlyons (Hard core conservative)
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To: Thud

Why? If security concerns have changed today, why should new recruits be subject to a level of scrutiny that current employees aren’t. Everyone that works there works under today’s increased need for security.

Here’s another way to look at it. Should all employees have to be exposed to potential danger, just to please the current employees who haven’t had to go through as rigid a security process? Don’t they have rights?


12 posted on 01/13/2008 1:35:20 PM PST by DoughtyOne (< fence >< sound immigration policies >< /weasles >< /RINOs >< /Reagan wannabees that are liberal >)
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To: bill1952

“I had to pass a complete background check to work at Sikorsky and it didn;t bother me one whit.”

As someone who does background checks on employees its become apparent to me that the people who have problems with these are those who have something to hide.


13 posted on 01/13/2008 1:40:20 PM PST by driftdiver
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To: Haddit
This defies common sense, employment is NOT a right but a privilege and as such has certain obligations on the part of the employee to continue that employment.

Any JPL employee who objects to background checks, has something he/she does not want their employer to know about them and do not need the Constitution to protect their jobs as it was always a privilege NOT A RIGHT!

14 posted on 01/13/2008 1:42:12 PM PST by zerosix (native sunflower)
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To: Haddit
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15 posted on 01/13/2008 1:48:00 PM PST by Admin Moderator
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To: proxy_user
These guys are already employed there. It is a change to previously-agreed working conditions.

So if you catch a spy working, you cannot fire him are put him in jail. I think I will call BS on your statement. Most all sensitive positions in the government that people sign wavers on say that the rules are subject to change.

16 posted on 01/13/2008 1:57:04 PM PST by org.whodat (What's the difference between a Democrat and a republican????)
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To: org.whodat

If they want to investigate them, I don’t see why they don’t just go ahead and do it. Why ask permission?


17 posted on 01/13/2008 1:59:18 PM PST by proxy_user
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To: mountainlyons
They went to my hometown and interviewed my teachers and friends. I didn’t have much in the way of medical records, but they were pretty thorough.
18 posted on 01/13/2008 2:06:01 PM PST by eyedigress
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To: proxy_user

Because they can’t access the records without prior consent or a court order issued on probable cause.


19 posted on 01/13/2008 2:07:50 PM PST by bill1952 (The right to buy weapons is the right to be free)
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To: Haddit

Gee, NASA gets some cleared work and needs cleared employees.

What’s so difficult about that ?

Jobs change, and their requirements change with them. . .

Adapt or die. .


20 posted on 01/13/2008 2:08:02 PM PST by Salgak (Acme Lasers presents: The Energizer Border: I dare you to try and cross it. . .)
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