LOS ANGELES, Oct. 15 (Xinhua) -- A lawyer for 28
scientists at NASA's Jet Propulsion Laboratory (JPL) on Monday expressed
satisfaction over an appeals court decision to extend a stay on background
checks.
Attorney Dan Stormer, who represents the JPL
employees, said they were "grateful for the court's action."
President George W. Bush signed an executive order in
2004, requiring the scientists to undergo background checks.
Last Thursday's order from a three-judge panel of the
9th U.S. Circuit Court of Appeals prevents the presidential order from going
into effect until arguments on the appeal are heard during the first week of
December.
"Because of the nature of the information subject to
which the waiver applies, serious privacy concerns arise," the court's four-page
order states.
The Los Angeles-based JPL workers sued on Aug. 30,
claiming the proposed background investigations would violate their privacy by
querying them about their sexual and financial histories, and psychiatric and
traffic records.
Had the stay not been granted, the scientists would
have had until Oct. 5 to fill out the questionnaires and other required
documents in order to receive their new security clearance or risk losing their
jobs.
The scientists, some of whom have more than 20 years
of experience, argued they would suffer irreparable harm from the background
checks.
"The 9th Circuit's published ruling recognizes the
importance of privacy rights to all of us," Attorney Stormer said.
JPL representatives had no comment on the matter.
The plaintiffs argue that if the questionnaires and
background checks reveal any derogatory information, they will be forwarded to
JPL's human resources department.
The scientists claim that JPL posted on an internal
Web site various grounds for "employment suitability," including "personality
conflict," "absenteeism or attendance problems," "homosexuality," "sexual
misconduct with impact on job," and "physical health issues."
The scientists also argued that the proposed
background checks amount to an illegal search barred by the U.S. Constitution.
NASA has argued it is following government policy
that applies to millions of civil servants and contractors.
On Oct. 3, U.S. District Judge Otis Wright, in a
17-page order, upheld the background checks, calling the JPL workers' claims
merit less.
"Plaintiffs make no argument that a questionnaire,
background check or authorization to release records constitutes a 'search,'"
Wright wrote.
The scientists "are simply giving authorization for
the government to perform a background investigation," Wright's ruling states.
"Anything that might arise after an employee signs the authorization is purely
speculative and not ripe for review."
Wright also ruled that the plaintiffs had not shown
any actual invasion of privacy, "but only a potential invasion since the
government has not checked any of the plaintiff's backgrounds."
Stormer then filed an emergency appeal with the 9th U.S. Circuit Court of Appeals, which instituted a stay on the background checks.
