George Vorman was being recruited by the National Aeronautics and Space Administration (NASA) as a defense intelligence coordinator; that position involved access to classified intelligence and national security information. After the preliminary round of interviews, NASA required him to undergo extensive psychological testing and expanded security clearance investigation far beyond those normally required of recruits. Vorman was informed that the expanded investigation and testing were required because he was suspected of being homosexual.

Vorman refused to either affirm or deny that he was homosexual because he felt that it was irrelevant to his qualifications for the job. NASA ultimately refused to hire Vorman; he filed suit claiming he was discriminated against because of NASA’s perception of his sexual orientation.

On what legal provisions can Vorman base his suit? Is he likely to win? Would the outcome be different if Vorman applied for a flight engineer position that did not involve classified national security information? Explain your answers. See Norton v. Macy [417 F.2d 1161 (D.C. Cir. 1969)]

and High Tech Gays v. Defense Industry Security Clearance Office [895 F.2d 563 (9th Cir. 1990)].