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Administrative Law Keyed to Funk
Webster v. Doe
Citation:
486 U.S. 592 (1988)Facts
John Doe began working for the CIA in 1973 as a clerk-typist and was eventually promoted to a position as a covert electronics technician by 1977. His performance evaluations consistently rated him as an excellent or outstanding employee. In January 1982, Doe voluntarily informed a CIA security officer that he was homosexual. The Agency immediately placed him on paid administrative leave pending an investigation. After extensive questioning and polygraph tests, which Doe reportedly passed, the CIA’s Office of Security determined that his homosexuality posed a security threat. When Doe refused to resign, the Director terminated his employment under Section 102(c) of the National Security Act. Doe filed suit in federal court, alleging violations of the Administrative Procedure Act and various constitutional rights, including due process and equal protection under the Fifth Amendment. He sought reinstatement or, alternatively, a reevaluation of his termination with a statement of reasons for any adverse determination.
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