Document Type: 
Document Number (FOIA) /ESDN (CREST): 
Release Decision: 
Original Classification: 
Document Page Count: 
Document Creation Date: 
November 17, 2016
Document Release Date: 
July 3, 2000
Sequence Number: 
Case Number: 
Publication Date: 
October 3, 1964
Content Type: 
PDF icon CIA-RDP75-00001R000300260002-5.pdf99.52 KB
WASHINGTON POST Approved For Re1eaVJ$0UW'd31iA1P' OCT 3 1964 FOIAb3b FAA Aide Fired in Morals 'Case . Rehired With $26,000 Back Pay: CPYR9HT y ark S. Laudau III Federal Aviation Agency j Administrator Najeeb E. Ha laby has personally ordered the reinstatement of an FA employe who was discharge because lie admitted commit ing several homosexual acts as a youth. Halaby announced the $26,000 and all accumulated The employe who was hiredi the FAA that the CIA report ings as a truck driver and was correct. The FAA' filed warehouse help,- r in the mean- charges under conduct "to im- time. He will be trained) to drove the efficiency of thej assume his former GS-8 posi- service." The particular sec -1 tion as a! clerk in the Air! Lion cited "criminal, infamous, dishonest, immoral of notori- Control Center in Denver al!ously disgraceful conduct." ivu aervice wmmission, its I acts were isolated incidents in Board of Review and the U.S. ' instatement yesterday so that "justice can be done." The Administrator said psychiatric and security examinations have established that the em- ploye is "fully rehabilitated and competent ... and shogld not be scarred, for life for a youthful mistake." The re-instatement ended what would have been the first Supreme Court test of discharge for pre-employment acts not related to government service with the added touch of a controversial moral and security risk issue. his youth and ~ that the ploye has had a normal life since 1950. em-' District Court, the U.S. Court sex' of Appeals also affirmed it in "I am nbt prepared to say,' Halaby said, whether oc r,. March 1963 in a majority opin ion by Judge George T. Wash-, ington which said: "The ground for disqualifi- the FAA made a mistake back cation ... cannot logically be in those days with their iii read to refer solely to conduct:, ,:fluence of McCarthyism anl'. ,occurring after Government with an undeveloped p"son-l employment has commenced' nel set-up. . . . I think the.. , ? It must have included pre If this ruling remains Agency was justified u r +i c r employment conduct." law, no Civil Service job is! the then existing circus: ! stances. Circuit Judge J. Skelly sate. Any Civil Service worker, Wright issued a blistering dis- who becomes 'persona none l After along thlong the man acne] ,'ft~, sent noting: "Using some un-' grata' with the powers that fortunate ntinhvSPnt ne- - - 'cu-9 Lot: le"It" kP1 t!,(' it i b d , .... ...... s spr ng oar , the court examinations, I have assured esearch done on his drives a gaping hole in the pre-em-1, The discharge had been up- It eff d fi tt in tel t t t hhi u u hi ~?'~ l n o o or s urn o re s ate m p somet ng sur roundedCivil Service work- held by the Civil Service Com disqualifying. mission, the U.S. District D4y Neck Is Way Out" ers for almost 100 years:' "Even the innermost secrets l Court and the U.S. Court of Referring to criticism tha' "For the first time in the of the Civil Service worker, Appeals under a provision might arise, Halab 50 years of the Lloyd- La Fol- y aided long buried and known only which permits discharge "tol"Certainly my neck is w a lette Civil Service Act which to himself, may be the subject; improve the efficiency of the out and I am pleased Yo have first limited the power of dis? of inquiry." service." charge, a court has held that it out in this type of case." The employe was represent-! Gets $26,000 Back Pay The case started in F e 1 'i permanent Civil Service ed by Joseph Forer and David', ruary, 1960, when the FAA cc worker . . . can bL fired for Rein of Washington. Rein; After the Supreme Court pre-employment acts unre unexpectedly agreed to hear moved the employe o l said: We are pleased to see;_ char es of fated to his Government sere this wrong righted.]' the case last February the g past homosexual - , , Solicitor General's office and conduct and of smoking the Civil Service Commission! marijuana cigarettes, based pushed for an out-of-court cash on information obtained from settlement rather than permit the CIA. the Supreme Court to rule on - After four years in the Air the issue. - !Force, t h e employe hid But the FAA employe re- worked for CIA and was fused to accept anything less given a lie detector test for', than frill-reinstatement in or-1 top security clearance. In the der to vindicate his reputa-Itest he admitted commuting tips. Ile has been married .fora four homosexual acts, some sonic, years and has three chil-lof tlrcm' for money, when he! lc ..,,?illAeo4*d'Fo ReIas 12OOO/08/Qiisp Ct3It -RDP75-00001 R000300260002-5 ni~ )My totalingimitted smoking five marijuana! -arettes in 1952.