Supreme Court Upholds NASA’s Background Check Practices

Nick Fishman

In a case we have all been watching for some time now, the U.S. Supreme Court ruled in a unanimous decision that NASA’s employment background check policies did not violate the constitution.

You might recall that a group of 28 contractors were subjected to background checks they felt were too intrusive.  The Ninth Circuit Court in California agreed with their position and ruled the checks unconstitutional and NASA then appealed.

If you read the oral arguments that were made on this case, it was pretty obvious the court was going to rule this way. The contractors argued that their work doesn’t affect national security or isn’t confidential in any way and therefore didn’t warrant what they felt was a violation of their right to privacy.  Even during those arguments, the court suggested that there are no privacy protections that would stop NASA from performing the background checks.

Justice Samuel Alito wrote the court’s ruling saying that these background checks, which included in-depth interviews with neighbors, co-workers and people they went to school with said, “The government’s interests as employer and proprietor in managing its internal operations, combined with the protections against public dissemination provided by the Privacy Act of 1974, satisfy any [related constitutional privacy issue],”

Check out the full recap in today’s Washington Post

Nick Fishman
Follow Me

Nick Fishman

Nick Fishman is the co-founder of EmployeeScreenIQ, a leading, global employment background screening provider, and serves as the company’s executive vice president and chief marketing officer. He pioneered the creation of EmployeeScreen University, the #1 educational resource on employment background checks for human resources, security and risk management professionals. A recognized industry expert, Nick is a frequent author, presenter and contributor to the news media. Nick is also a licensed private investigator in the states of Ohio and Texas.
Nick Fishman
Follow Me
Tweet
Share
Email
Share