Legal Question in Employment Law in California
mandatory security form at work
I work for a Federal Contractor in a low-level security position. This contractor is now mandating security form clearances. These forms were available for the contractor to use when I was first interviewed, many years ago, but were never instituted then. This form is most intrusive and has nothing to do with my job. I don't want my private information out there for ''others'' to see. I am rated as one of the best performers in my dept. but if I do not comply with this mandate, I face job reassignment at the bare minimum, up to termination. I have sent memos to my immediate manager, director, and HR and asked for a group meeting since others in my dept. are also not wanting to comply due to blatant invasion of privacy. There is no due process of law, in place. There is no guarantee of being employable by others in the future, if determined that we are a risk in this job. The HR person refused us a group meeting, stating that I am offered that only with performance issues. I have a Middle Eastern Husband, and have lived in the Middle East in the past. I am considered a Citizen of that country by virtue of marriage alone, therefore feel that I will be unfairly targeted due to the backlash of the 9/11 incident. Any suggestions?
1 Answer from Attorneys
Re: mandatory security form at work
Whether an employer violates your right to privacy depends on how intrusive and unrelated to their need to provide for security their questions are. You have a reasonable right to privacy in the workplace, up to a point. If the employer can reasonably justify the need for the information they are seeking, you will probably have to provide it.
However, they cannot discriminate against you based upon race, national origin or some other protected classification. If you think that is what this is about, you should address the issue through the designated EEO person, or contact a labor law attorney in your area.
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