Question
After working for the Internal Revenue Service (IRS) as an auditor and investigator for 10 years, Grace resigns. She then applies for employment at the
After working for the Internal Revenue Service (IRS) as an auditor and investigator for 10 years, Grace resigns. She then applies for employment at the New Enterprise COmpany (NEC), a private business that conducts background checks. Eva works for NEX and her position includes the responsibility of interviewing and hiring all new employees. After reviewing Grace's application and interviewing Grace, Eva denies her application for employment. Curious about the reasons for her denial, Grace files a FOIA request wiht the IRS and learns that Eva had also filed a FOIA request for any information about Grace that the IRS holds. In response to her request, the IRS informed Grace that they gave Eva the following documents and information:
- Grace's former home addresses
- Grace's college transcripts
- a letter from Grace's supervisor that recommended against hiring her for a position involving sensitive data
- a copy of the written decision of an administrative law judge in a case filed by Grace against the IRS in which she challenged the reults of an audit doen by the IRS on her own tax return
- the report of the internal investigation of Grace by the IRS concerning allegations involving two audits that Grace conducted for two taxpayers whom she appeared to know personally. The report concluded that "Although we uncovered no unreported income of the two taxpayers, nor any undue influence on Grace as an auditor, we believe that she violated the spirit of the rules by not reporting her relationships prior to or in her final report of the audit."
Cite and apply any specific rules or exceptions in the FOIA that may pertain to Grace's case. Also, cite and apply any specific rules or exceptions of the Privacy Act that may pertain to Grace's case. Explain whether you think that any of Grace's rights under either act have been violated.
You may find it helpful to review the text of these two Acts:
https://www.law.cornell.edu/uscode/text/5/552
https://www.law.cornell.edu/uscode/text/5/552a
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