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Security Clearances
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Is it discriminatory to require that a potential employee be eligible for a security clearance, if the job in question requires it? My first thought is that the security clearance would be a bona fide
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Security Clearances
posted at 6/30/1999 1:30 AM EDT
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Posts: 2
First: 6/30/1999 Last: 7/2/1999 |
Is it discriminatory to require that a potential employee be eligible for a security clearance, if the job in question requires it? My first thought is that the security clearance would be a bona fide occupational qualification, since the job can't be done without it, but I thought I'd look into it to be sure. |
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Security Clearances
posted at 7/1/1999 12:13 AM EDT
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Posts: 2217
First: 6/16/1999 Last: 12/13/2001 |
Depends. You have to give us more facts. If the employment decision (all employees must have a security clearance) has an adverse impact on the basis of a protected characteristic, then the qualification must be justified by business necessity. Some jobs will require that all people have a security clearance. (The guy who sells coffee at the CIA must have a security clearance. In fact, I once met a very nice woman at a party who was a graphic designer. Being single at the time, I suggested we review her portfolio. She said she worked for the CIA and, while she would show it to me, she would then have to kill me. I moved on.) Some jobs will not. It all depends on the facts.
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