THE CIVIL SERVICE COMMISSION HAS ISSUED NEW GUIDE LINES FOR EVALUATING THE SUITABILITY OF INDIVIDUALS FOR FEDERAL EMPLOYMENT.

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP79-00498A000200120051-0
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 12, 2016
• Document Release Date: February 13, 2002
• Sequence Number: 51
• Publication Date: July 3, 1975
• Content Type: PREL

n, I Lwvvvw 14L:viarhrCMJ 'JULY
RELEASE: NOT TO BE USED BY PRESS, RADIO, OR TV BEFORE
6:30 A.M., EDT, THURSDAY, JULY 3, 1975
The Civil Service Commission has issued new guidelines for evaluating
the suitability of individuals for Federal employment.
The guidelines amplify revised suitability standards, approved by the
Commission earlier following thorough consideration and consultation with
Federal agencies and interested organizations. Both the standards and the
guidelines fully reflect significant court decisions, the Government's
need to maintain efficiency of operations, and the rights of individuals.
The new guidelines are based on the concept that each case must be
decided on its own merits and that all decisions regarding the fitness of
applicants or employees should be made in a manner that will promote the
efficiency of the service while assuring fair, impartial, and equitable
treatment of the individual.
A significant change from past policy -- resulting from court decisions
and injunction -- provides for applying the same standard in evaluating
sexual conduct, whether heterosexual or homosexual.
"Court decisions require that persons not be disqualified from Federal
employment solely on the basis of homosexual conduct," the guidelines point
out. "The Commission and agencies have been enjoined not to find a person
unsuitable for Federal employment solely because that person is a homosexual
or has engaged in homosexual acts. Based upon these court decisions and
outstanding injunction, while a person may not be found unsuitable based on
unsubstantiated conclusions concerning possible embarrassment to the Federal
service, a person may be dismissed or found unsuitable for Federal employment
where the evidence establishes that such person's sexual conduct affects
job fitness."
Decisions to deny employment to applicants or to separate employees
already or '"the'"r+o "i`s~on `sui" a i fi yMgrauncl may be taken only when it can
be shown that the conduct of the individual mayreasonakyly-beexpected to
interfere with the ability of-the person to function in the? o6or. "A
m... m the...
agency's ability to discharge its responsibilities. As the courts have
w
ardere'd;"`ihere must` be some rats ona7" connects on between the individual's
. ..~.
conduct and the f efficien the service
Approved For Release 2002/03/25 : CIA-RDP79-00498A000200120051-0
 -2-
Approved For R~Iease 2002/03/25 : CIA-RDP79-00498Ad00200120051-0
Under the policy and its attendant guidelines for evaluating the
suitability of individuals, the following factors may be considered as
bases for disqualification:
1. Delinquency or misconduct in prior employment.
2. Criminal, dishonest, infamous, or notoriously disgraceful conduct.
3. Intentional false statement, deception, or fraud in examination
or appointment.
4.
rules.
Refusal to furnish testimony (answers) as required by civil service
5.
Habitual use of intoxicating beverages to excess.
6.
Abuse of narcotics, drugs, or other controlled substances.
7.
Reasonable doubt as to the loyalty of the person involved to the
Government of the United States.
8. Any statutory disqualification which makes the person unfit for
Federal service.
In making suitability determinations, evaluators must consider each
of the following factors to the extent that any or all of the factors are
pertinent to the individual case under consideration:
a. The kind of position the person is applying for or serving in,
including itssensitiv.
b. The nature and seriousness of the conduct.
c. Circumstances surrounding the conduct.
d. Recency of the conduct.
e. Age of the person at the time of the conduct.
f. Contributing social or environmental conditions.
g. Absence or presence of rehabilitation or efforts toward
rehabilitation.
Grps. AO, OPA-3-4, OPA-6-15, AXD-l & Grp. 26
Approved For Release 2002/03/25 : CIA-RDP79-00498A000200120051-0
 Approved For Release 2002/03/25 : CIA-RDP79-00498A000200120051-0
720 ARKANSAS LAW REVIEW [Vol. 27:687
Basic Rights
1. Private consensual sex acts between persons over the age
of consent shall not be offenses.
2. Solicitation for any sexual act shall not be an offense ex-
cept upon the filing of a complaint by the aggrieved party,
not a police officer or agent.
3. A person's sexual orientation or practice shall not be a fac-
tor in the granting or renewing of Federal security clear-
ances, visas, and the granting of citizenship.
4. Service in and discharge from the armed forces and eligi-
bility for VA benefits shall be without reference to homo-
a exuali ty.
5. A person's sexual orientation or practice shall not affect
his eligibility for employment with federal, state, or local
gov A rnments.1s k
While it is impossible to be indifferent to homosexuality
since sex is a topic on which everyone has an opinion and while
the above goals of the homosexual are presently a future dream
which may never crystalize into a reality, it is well to remember
that the seeds of change have been sown. Maturity is the rare
ability to live with conflicting pairs of truths, and opposing con-
victions often have equal, claims to validity, even as the forces
of public opinion constantly shift.'55 In terms of homosexuality,
154. Id. at 26. Note: The statement of direction for legal action
was prepared by the S.I.R. Legal Committee under its former chairman,
attorney David Clayton. The S.I.R. membership has voted overwhelm-
ingly to approve this as the official policy of the organization.
Also included for immediate reform are the following:
1. Police and other government agents shall cease the practice
of enticement and entrapment of homosexuals.
2. Police shall desist from notifying the employers of those ar-
rested for homosexual offenses.
3. Neither the police department nor any other government
agency shall keep files solely for the purpose of identifying
homosexuals.
4. The practice of harrassing bars and other establishments and
of revoking their licenses because they cater to homosexuals
shall cease.
5. The practice of reviewing less-than-honorable military dis-
charges, granted for homosexual orientation or practice, shall
be abolished, with the goal of upgrading such discharges,
6. The Registration of sex offenders shall not be required.
7. City ordinances involving sexual matters shall be rescinded
and these'xriatters left to state legislatures.
8. Conviction for homosexual offenses shall not be the basis
for prohibiting issuance of professional licenses nor the revo-
cation of these licenses.
9. No questions regarding sexual orientation or practice shall
appear on application forms, personnel data sheets, or in
personal interviews.
10. No government agency shall use the classification of homo-
sexuality as an illness to limit the freedom of any homo-
sexual.
155. Saturday Review, Feb. 12, 1072, at 28.