Navigating the Security Clearance Process: LGBTQIA+ Edition

by Lucy P. Sanderson

In a world where adversaries constantly seek to undermine America’s strategic, technological, and military advantages, maintaining a robust system of security clearances is crucial. Security clearance holders safeguard national security by ensuring that sensitive information remains in the hands of trusted and loyal individuals. The American security clearance process is rigorous, as it seeks to prevent espionage and leaks while promoting a culture of responsibility and patriotism among those who serve in critical roles. The LGBTQIA+ community often experiences considerable anxiety during the security clearance process. This is due to fears of discrimination, privacy invasion, and the potential impact of their identity on the outcome.

In the following article, some of the guidelines that may raise concerns with members of the LGBTQIA+ community will be explored. These apprehensions are founded on a history of systemic discrimination and ongoing legal and social challenges. The article will give actionable steps to reduce fears or anxiety applicants might have. It’s important to emphasize that everyone’s situation is different. Through this article, the IntelliBridge DIEB team seeks to address potential concerns for LGBTQIA+ security clearance applicants and offer reasonable interpretations and resources for individuals to keep in mind as they navigate the security clearance process. The steps given here apply to many who are nervous about applying for a clearance or polygraph but are specifically analyzed with the LGBTQIA+ community in mind.

To apply for a U.S. Government clearance, applicants need to meet a few basic requirements: 1. U.S. Citizenship (some exceptions apply); 2. A “need to know” classified information or “need to access” classified IT systems; and 3. Suitability determination. Suitability determination requires that an individual fill out a very long and detailed questionnaire, requiring a slew of personal information. The adjudicator will use 13 separate adjudication guidelines to determine an individual’s eligibility. An individual is evaluated based on the “whole person” concept, and there are many factors in the evaluation process such as recency, motivation, age, frequency, or voluntary reporting.

By thoroughly vetting all individuals before granting them access to classified information, the government ensures that only those with proven allegiance to the United States and its ideals are entrusted with knowledge that could impact the nation’s safety and sovereignty. Countless individuals with diverse and unique backgrounds hold clearances. Don’t let your distinctive background stop you from applying for a clearance. To minimize stress during the security clearance process here are some steps to consider taking to minimize your stress.

Tips for Navigating the Security Clearance Process

Within all adjudication guidelines, make a list of the things that concern you, include the specifics of the concern.
Review the specific adjudicated guideline to see the mitigating circumstances. Write out which mitigating circumstances apply, and how it applies to your situation.
Talk to your security manager- they have plenty of experience helping people with a whole range of concerns related security clearances.
Document as much as possible- this will help you organize your concerns and mitigations. For example, if your concerns are financial, make copies of any correspondence between yourself and the loan agency.
Talk to loved ones- members of your family will likely be interviewed by the background investigators. If there is something you are worried about or want to know about beforehand, it is best to bring it up prior to their interview.
Be honest on the eAPP- lying on the eAPP is much more concerning than most things in your past.
Be honest with the investigator- background investigators will find a lot of things. In your initial interview, discuss some of your concerns. Plainly lay out the details of the concerns and how you are mitigating them.
Put things in perspective- the adjudicator will look at you as a whole person. The things you are concerned about only represent a small portion of who you are as a person. And be proud of the fact that an employer decided you were trustworthy enough to sponsor your clearance.

Potential Considerations for the LGBTQIA+ Community

Read the guidelines here.

Guideline 4: Regarding Sexual Behavior

Gender or sexually diverse individuals might be worried about this guideline due to sexual history, especially if it occurred before 2020. The US Supreme Court determined that the 1964 Civil Rights Act protects LGBT Employees from workplace discrimination in 2020. This is the most recent legal decision and builds on the repeal of Executive Order 11478 in 1998, the repeal of the US Military’s Don’t Ask Don’t Tell policy in 2011, and the national level legalization of gay marriage in 2015. Many other laws and regulations have been changed or repealed over the years to guarantee the nationwide right to fair and equal employment free of discrimination. If a person was prosecuted for a crime related to gender or sexual diversity in a state where it was illegal, that could be a source of anxiety. If a person had a gay, bisexual, polyamorous, or other relationship outside heteronormativity where/when it was illegal, that could also cause stress. These could possibly fall under the “vulnerable to coercion” or criminal activity category, as a person could potentially be blackmailed for these things. This could be mitigable by telling family and friends, thereby eliminating blackmail potential.

Guideline 5: Regarding Personal Conduct

Identifying as LGBTQIA+ was illegal in a lot of places, if a person lived openly as a member of this community, they often faced significant discrimination. This often led to individuals lying about their gender identity or sexual orientation. For individuals who required medical treatment, such as hormone replacement therapy (HRT), they may have had to associate with criminal individuals or platforms to acquire the medicine they needed, especially if it was illegal to possess those substances. If you were a minor in one of 22 states that banned HRT for those under 18, you may have had to acquire those medications illegally. LGBTQIA+ individuals may also have people in their past who don’t approve of them living in accordance with their gender or sexual identity. This could result in unfavorable information provided by those people to background investigators.

Guideline 6: Regarding Financial Considerations

According to a study conducted by the National Women’s Law Center, LGBTQIA individuals earn between 9% and 29% less than heterosexual individuals. LGBTQIA+ individuals face greater economic vulnerability by getting paid less for equal work. Some LGBTQIA+ individuals may find that their insurance does not cover required medications or procedures, resulting in significant out of pocket costs. Due to income disparities, this could result in missed loan payments, defaulting on debts or personal bankruptcy, or other financial hardships.

Guideline 8 and 10: Regarding Drug Involvement and Criminal Conduct

Being openly LGBTQIA+ can lead to legal complexities and can still cause significant social stigma. Being openly transgender in certain states is still legally complex. For example, testosterone is considered a Schedule III drug under the Controlled Substances Act of 1970. This is a lifesaving medication for many genders diverse people however possession of this without a prescription is illegal. Additionally, if you helped someone gain access to these medications it could be considered illegal drug distribution.

Guideline 9: Regarding Emotional, Mental, and Personality Disorders

Homosexuality as a sexual disorder was only removed from the Diagnostic and Statistical Manual in 2013 (DSM version 5). Gender dysphoria (formerly gender identity disorder), the medical diagnosis for transgender individuals, is still classified as a pathology in the current version of the DSM. Often someone needs to be diagnosed with this, even if they do not have any mental health problems, before accessing required medical treatment. This places an additional burden on the individual. LGBTQIA+ individuals statistically are more likely to suffer from depression, anxiety, problematic substance use, and suicidal ideation than their heterosexual counterparts. Dealing with mental health problems through substance use can cause problems in many different areas of a person’s life and could have legal implications (guideline 8 and 10, above).

IntelliBridge Diversity, Inclusion, Equity & Belonging (DIEB) Mission Statement

We seek to promote a diverse culture with inclusive and equitable practices that provide our employees with an affirmed sense of belonging and collective care. We strive to empower each member of our organization to be their authentic and whole selves regardless of age, gender, ethnicity, sexuality, or belief system. By promoting acceptance and authenticity we can leverage our unique voices and experiences to create a community of inclusion, integrity, and excellence. Overall, we are dedicated to fostering a work environment that is safe and accepting of each team member we serve.

About the Author

Lucy currently works as a Talent Acquisition Specialist for IntelliBridge. She previously supported an IntelliBridge contract at the FBI as a Senior Intelligence Analyst. Lucy spent 9 years on Active Duty in the US Army as both a Field Artillery Officer and a Military Intelligence Officer. She has been in the Army Reserves as an Intelligence Officer for the last 5 years. While in the Army she was certified as a security manager and one of her duties was overseeing the clearances for several hundred people.