FAA AIDE FIRED IN MORALS CASE REHIRED WITH $26,000 BACK PAY

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP75-00001R000300260002-5
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 1
• Document Creation Date: November 17, 2016
• Document Release Date: July 3, 2000
• Sequence Number: 2
• Publication Date: October 3, 1964
• Content Type: NSPR

WASHINGTON POST
Approved For Re1eaVJ$0UW'd31iA1P'
OCT 3 1964
FOIAb3b
FAA Aide Fired in Morals 'Case .
Rehired With $26,000 Back Pay:
CPYR9HT
y ark S. Laudau
III Federal Aviation
Agency
j Administrator Najeeb E. Ha
laby has personally ordered
the reinstatement of an FA
employe who was discharge
because lie admitted commit
ing several homosexual acts
as a youth.
Halaby announced the
$26,000 and all accumulated The employe who was hiredi
the FAA that the CIA report
ings as a truck driver and was correct. The FAA' filed
warehouse help,- r in the mean- charges under conduct "to im-
time. He will be trained) to drove the efficiency of thej
assume his former GS-8 posi- service." The particular sec -1
tion as a! clerk in the Air! Lion cited "criminal, infamous,
dishonest, immoral of notori-
Control Center in Denver al!ously disgraceful conduct."
ivu aervice wmmission, its I
acts were isolated incidents in Board of Review and the U.S. '
instatement yesterday so that
"justice can be done." The
Administrator said psychiatric
and security examinations
have established that the em-
ploye is "fully rehabilitated
and competent ... and shogld
not be scarred, for life for a
youthful mistake."
The re-instatement ended
what would have been the
first Supreme Court test of
discharge for pre-employment
acts not related to government
service with the added touch
of a controversial moral and
security risk issue.
his youth and ~ that the
ploye has had a normal
life since 1950.
em-' District Court, the U.S. Court
sex' of Appeals also affirmed it in
"I am nbt prepared to say,'
Halaby said, whether oc r,.
March 1963 in a majority opin
ion by Judge George T. Wash-,
ington which said:
"The ground for disqualifi-
the FAA made a mistake back
cation ... cannot logically be
in those days with their iii read to refer solely to conduct:,
,:fluence of McCarthyism anl'. ,occurring after Government
with an undeveloped p"son-l employment has commenced'
nel set-up. . . . I think the.. , ? It must have included pre If this ruling remains
Agency was justified u r +i c r employment conduct." law, no Civil Service job is!
the then existing circus: !
stances. Circuit Judge J. Skelly sate. Any Civil Service worker,
Wright issued a blistering dis- who becomes 'persona none l After along
thlong
the man acne] ,'ft~, sent noting: "Using some un-' grata' with the powers that
fortunate ntinhvSPnt ne- -
- 'cu-9 Lot: le"It" kP1 t!,(' it
i
b
d
, .... ......
s spr
ng
oar
, the court
examinations, I have assured esearch done on his drives a gaping hole in the pre-em-1,
The discharge had been up- It
eff
d
fi
tt
in
tel
t
t
t
hhi
u
u
hi
~?'~
l
n
o
o
or
s
urn
o
re
s
ate
m
p
somet
ng
sur
roundedCivil Service work-
held by the Civil Service Com disqualifying.
mission, the U.S. District D4y Neck Is Way Out" ers for almost 100 years:' "Even the innermost secrets l
Court and the U.S. Court of Referring to criticism tha' "For the first time in the of the Civil Service worker,
Appeals under a provision might arise, Halab 50 years of the Lloyd- La Fol-
y aided long buried and known only
which permits discharge "tol"Certainly my neck is w a lette Civil Service Act which to himself, may be the subject;
improve the efficiency of the out and I am pleased Yo have first limited the power of dis? of inquiry."
service." charge, a court has held that
it out in this type of case." The employe was represent-!
Gets $26,000 Back Pay The case started in F e 1 'i permanent Civil Service ed by Joseph Forer and David',
ruary, 1960, when the FAA cc worker . . . can bL fired for Rein of Washington. Rein;
After the Supreme Court pre-employment acts unre
unexpectedly agreed to hear moved the employe o l said: We are pleased to see;_
char es of fated to his Government sere this wrong righted.]'
the case last February the g past homosexual - , ,
Solicitor General's office and conduct and of smoking
the Civil Service Commission! marijuana cigarettes, based
pushed for an out-of-court cash on information obtained from
settlement rather than permit the CIA.
the Supreme Court to rule on - After four years in the Air
the issue. - !Force, t h e employe hid
But the FAA employe re- worked for CIA and was
fused to accept anything less given a lie detector test for',
than frill-reinstatement in or-1 top security clearance. In the
der to vindicate his reputa-Itest he admitted commuting
tips. Ile has been married .fora four homosexual acts, some
sonic, years and has three chil-lof tlrcm' for money, when he!
lc ..,,?illAeo4*d'Fo ReIas 12OOO/08/Qiisp Ct3It -RDP75-00001 R000300260002-5
ni~ )My totalingimitted smoking five marijuana!
-arettes in 1952.