National Aeronautics & Space Administration v. Nelson
Headline: Court allows government to require standard contractor background checks, upholding drug-use and reference questions while relying on Privacy Act protections to limit public disclosure for affected employees.
Holding:
- Allows agencies to require contractor employees to complete standard background checks.
- Permits asking about recent illegal drug use and treatment in employment forms.
- Relies on Privacy Act limits to prevent public release of background records.
Summary
Background
A group of long-time contract employees at a Government-run laboratory in Pasadena objected when NASA began requiring standardized background checks for contractor staff. The checks used a standard employee form (SF-85) that asked about recent illegal drug use and any treatment or counseling, and a short reference form (Form 42) that asked former employers or landlords open-ended questions about honesty, law violations, substance abuse, and other concerns. The workers sued, and a federal appeals court blocked parts of both forms as likely unconstitutional.
Reasoning
The Supreme Court assumed, without deciding, that there is a constitutional interest in avoiding disclosure of personal matters but found it unnecessary to strike the forms down. The Court treated the background checks as ordinary employment inquiries by the Government acting as an employer and proprietor, not as a regulator of the public. It concluded the questions about recent drug use and treatment and the open-ended reference inquiries are reasonable to protect campus security and ensure reliable staff. The Court also emphasized that the Privacy Act limits public disclosure of these records, and that those statutory safeguards reduce any constitutional privacy concern. For these reasons the Court reversed the appeals court and sent the case back for further proceedings.
Real world impact
The decision means many federal contractor employees can be required to complete the same routine background investigations that civil servants face, including questions about recent illegal-drug use and treatment. The ruling rests on the Government’s need to manage internal operations and on statutory limits against publicly releasing personnel records, and it is not a final ruling on broader privacy questions.
Dissents or concurrances
Two Justices (joined together) wrote separately to say there is no constitutional right to informational privacy at all, and they concurred only in the judgment.
Opinions in this case:
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