A recent lawsuit highlights what can sometimes be a complex relationship between employment rules and regulations, security policies, and discrimination. A 78-year-old Indian American is accusing a defense contractor at the Missile Defense Agency of discriminating against him for speaking Hindi with a relative at his desk. The contractor argues the employee was using FaceTime from a sensitive facility and it was one of a series of security violations. The contractor argues the company and Department of Defense are discriminating against him.
The lawsuit points fingers not just at the contract employer, but also files civil charges against U.S. Secretary of Defense Lloyd Austin. The contractor has denied wrongdoing and asked the case to be dismissed, and in a statement said the engineer had a pattern of security violations.
The plaintiff in the lawsuit spent more than a decade working in Huntsville, and claims that he accepted a video call from his brother-in-law from an empty cubicle. He claims there was no policy preventing him from taking the FaceTime call from the classified worksite.
FaceTime on Company Time
The reality is – security violations can sometimes be used as an excuse to terminate employment, particularly in industries where employment laws can make removing personnel more difficult. It’s much harder to argue about the need for security. Sometimes all it takes is a single security red flag for a candidate to be out of a job, and if the violation is accompanied by a dismissal by the employer, addressing the issue sometimes takes another employer willing to take on both the employee and their issue.
It’s unclear if the phone call truly violated company policy, but in general, it’s a good idea to keep video apps away from your cleared workplace. Most SCIFs have clear rules about not allowing phones into the workplace – period. Just having a phone would be enough to get you in hot water.
There are legitimate cases of individuals experiencing security violations that were used outside of the scope of what they should be. But in most cases you’re best bet is to stay above board – and off the phone – and carefully document any issues.
