A class action lawsuit has been filed against NASA alleging a new directive that requires background checks for all employees violates the right to privacy. Scientists at the Jet Propulsion Laboratory (JPL) will lose their jobs unless they consent to allow the government to scrutinize such things as their sexual history.
The Bush administration directive requires new background checks for employees. JPL and other NASA centers have been ordered to issue new badges to federal employees and their non-governmental workforce under a 2004 executive order, Homeland Security Presidential Directive 12. To obtain the badges, employees must be fingerprinted, fill out a questionnaire, and authorize access to some personal information.
JPL has about 5,000 employees. The badging process has been initiated on more than 4,000 of them. More than 3,000 have completed the process, but resentment is widespread. Altogether, NASA has about 20,000 employees, many of whom are contractors.
"On October 1, 2007 we went for a preliminary injunction against NASA to stop the background checks," says lawyer Dan Stormer. "The judge denied on October 3rd then two days later, the Ninth Circuit Court of Appeals overruled the trial court and issued a temporary preliminary injunction while it reviewed the matter.
"On October 12th it issued an order continuing the injunction and setting up a briefing schedule as to whether the injection should be continued based upon constitutional violations.
In reviewing it, the plaintiffs have to show probability of success on the merits and also that the balance of hardship requires the issuance of an injunction. The argument is now set for early December. I think we are absolutely right on the merits and that we will prevail."
