CIA MUST REHIRE FIRED HOMOSEXUAL, FEDERAL JUDGE RULES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90-00965R000605740031-9
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 1
• Document Creation Date: December 22, 2016
• Document Release Date: May 18, 2012
• Sequence Number: 31
• Publication Date: January 18, 1985
• Content Type: OPEN SOURCE

A
d Declassified in Part - Sanitized Copy Approved for Release 2012/05/18: CIA-RDP90-00965R000605740031-9
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WASHINGTON TIMES
18 January 1985
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must.
rehire Fired h? 0se
? country: to terminate his employ'
fodt;ral ge rules Court records indicate abet. the
J _ - -
said the plaintiff was also informed that he
BY David Sellers I procedural fairness," mustnotifytheCIAwhen heapplied.
A former Central -Intelligence
Agency employee who was fired
because "the circumstances of his:-
homosexuality posed a securityj
threat" was illegally terminated and
must. be reinstated and given an
opportunity to confront the allega-
tions brought against him, a federal
Judge ruled.
"'The decision of the CIA director
to terminate the plaintiff's
employ- meat was improper, unreasonable,.
an abuse of discretion and both_pro
cedurally and substantively flawed,"
U.S. District Judge Barrington
Parker wrote in a 20-page opinion
that is sharply critical of 'agency
personnel practices.
The former CIA employee, whose
name is not revealed and who is iden-
tified only as John Doe, is a Virginia
resident who worked for the agency
for nine years before being fired in
May 1982. The plaintiff, an electron-
ics technician when he left the
agency, said the nature of his work
required that his name not be pub-
licly known.
_-Under -Judge Parker's ruling,
within 30 days the agency must rein-
state
the employee with administra-
tive leave status and full pay,
pending the outcome of a hearing to
determine the reasons for his termi-
nation.
Judge Parker's decision, handed
down late Wednesday afternoon, was
hailed as a milestone by those famil-
iar with the case.
`Anything that puts any kind of
crimp in the CIA's lack of
accountability and sheer nuttiness
on this issue is both unprecedented
and long overdue," said Franklin E.
.amenv_a_ leader in the gaymove
-
ment here and a nationally recog=
nized authority on security
clearances for homosexuals. - -
Mr. Kameny, who said he commu-
ni.dated with the former CIA worker
when he' filed his complaint two
years ago, said the case has been
followed closely by many leaders in
the gay movement
"In terms of homosexual rights, j'
it's a small step forward to put the
CIA on the same basis as other fed
eral agencies. In terms of the rights i
of CIA employees, it's a landmark.
This is the first case that establishes
CIA employees have basic rights to
plaintiffs attorney, Mark Lynch of for. a job ,requiring a security
theAmerican Civil Liberties Union. clearance so the prospective
."The whole question on how to employer could be told the agency
deal with, homosexuals is in enor- found him to be a risk because of his
mous flux in the security commu- homosexuality. Neither the plaintiff
nity. There are homosexuals -and nor his. attorney were able to obtain
hopefully my client is one of them; from the CIA a statement of reasons
that they [the CIA] would conclude . for the termination.- 1: ; '
they would have to keep?';' On July 21,1982, the plaintiff filed
The agency's position in the dis- a complaint in federal court asking
pute has been that the National Secu- that he be reinstated -to administra-
Mh) Art m.,.... .L_ fit. ?. - _ ____.._.-_ ___. _ __-~ .-__ ~_
discretion in making personnel deci- allowed to have a hearing in which he
sions and that employees need not be could confront the allegations made
given a reason for their termination.. against him by the agency.
Kathy Pherson, a spokeswoman "plaintiff, while not ashamed of
for the CIA, said yesteray the agency his homosexuality, does not publi-
does not have a blanket prohibition cize it or otherwise impose his sex-
against the hiring of homosexuals, ual orientation on others. Plaintiff
but that it is a factor that is Taken into has not engaged in -any sexaul rela-
account. tionship with foreign nationals, and
She said hiring is "pretty much a a polygraph test administered by the
case-by-case basis.-Sexual conduct CIA corroborated this statement;"
could be relevent when } it could the lawsuit said. "Plaintiff's contin-
reflect on an idividual's stability." . ued.employment with the CIA is in
David H. White, the Justice no way inconsistent with the inter-
Department lawyer who handled the ests of the United States..
case, declined to comment.. - In granting the plaintiff's. request, _
The plaintiff was a career worker Judge Parker ruled that even the
with the CIA, having joined the uniquely sensitive nature of CIA
agency as a clerk typist at age 17. In affairs did not allow the. agency's
1978; he was promoted to electronics director to have unbridled discretion
technician and the.-following-year
_ in mng personnel decisions.
was selected for a special upward
mobility- training program. The "The court is 'not unmindful of the
plaintiff . said that throughout his position occupied by and the role
employment, he received favorable played by the CIA in accomplishing
job-performance reviews. , its statutory mission. -The court -is The employee first became aware also aware that because of the facts
of his homosexuality in 1976 and and sensitive nature of some agency '
made his preferences known to his personnel decisions, they should be 1
family and friends, but never publishielded from full public scrutiny"
cized his sexual orientation or made Judge Parker wrote.
advances on fellow employees. In January 1982, the plaintiff vol- "But the recorii at this point does
untarily informed a CIA security , not reflect or even suggest that over-
officer of his homosexuality. The fol- riding national security concerns
lowing ' month he was placed: on are at stake or that affording the
administrative leave. plaintiff Doe the relief he seeks,
After extensive interviews about ` might disclose, matters that would
his homosexuality and his risk to place at risk such concern andinter- 11 ,
security, the plaintiff was informed ests:' ' '' . .
on April 14, 1982, that his homosex-
uality presented a potential risk to
security, and was asked to resign.
His requests for an explanation of
what type of threat he posed were
denied, the plaintiff claimed, and on
May 11, 1982, he was informed that,
agency Director William Casey felt
it was in the best interests of the'
"In sum," Judge Parker con-
cluded, "the state of this record does
not support the government's posi-
tion that, the director of Central
Intelligence should have carte
blanche authority and limitless dis-
cretion, free of judicial review"
Declassified in Part - Sanitized Copy Approved for Release 2012/05/18: CIA-RDP90-00965R000605740031-9