In August of 2007, Jet Propulsion Laboratory (JPL) scientists and engineers sued NASA and the California Institute of Technology. The California Institute of Technology was named in the lawsuit because they manage JPL for NASA and hire its employees.
The background checks resulted from the Homeland Security Presidential Directive 12 (HSPD-12) that called for all federal employees and contractors to undergo background checks and to use a standardized identification card.
The employees challenged the background checks that NASA and other federal agencies implemented after the terrorist attacks on September 11th. The plaintiffs contended that the background checks should not be necessary to those employees who do not have access to classified information. NASA required background checks on all of its employees, from high-level engineers to janitors. Employees who did not submit to the background check by the deadline indicated by NASA would be subjected to “voluntary termination.”
On January 11th, 2008, a federal appeals court ruled that NASA should be blocked from running background checks on employees considered to be “low risk.” None of the plaintiffs in the case worked on classified projects, but several did work on high profile projects, such as the Cassini mission to Saturn. The court said that the 28 plaintiffs faced “a stark choice – either violation of their constitutional rights or loss of their jobs.”
On April 10, 2008, NASA and the government petitioned the Ninth District Court of appeals for a review of the injunction on the background checks. The court denied the review on April 25th, 2008. Robert Nelson, a senior research scientist at JPL released a statement stating, “We are pleased that the Ninth Circuit Court of Appeals has reaffirmed its earlier decision. Intrusive personal background investigations of loyal federal employees constitute a violation of basic civil liberties that our Constitution guarantees to all.” Nelson believes that the background checks violate employees’ civil rights because NASA wants to investigate medical and financial records as well as sexual histories.
In a letter from the scientists to the Senate requesting an inquiry into the background checks NASA planned to conduct, it was apparent that the employees were not against having background checks run, but their concerns were regarding the extent to which NASA will be checking into their personal lives.
The court’s denial on April 10, 2008, means that this case will return to a federal district court for trial.
