Many space and defense jobs require a federal security clearance. If the government denies, delays, or revokes a clearance, an employee may be unable to continue in that role; the employer may reassign or terminate the employee. If the cleared individual is an officer of the company, revocation could jeopardize the company’s eligibility to perform cleared work. A subsequent employment claim may allege discrimination or retaliation in the clearance process or in the employer’s response. The key question is whether a court can resolve the claim without second-guessing the government’s security judgment.
Egan and the Limits of Judicial Review
The Supreme Court’s decision in Department of the Navy v. Egan, 484 U.S. 518 (1988), limited administrative and judicial review of executive branch security judgments. But the rule does not create blanket immunity. Later cases show that the rule depends on the nature of the decision being challenged — and on whether resolving a claim would require a… Read the complete article here...
©2026 Greenberg Traurig, LLP. All rights reserved.
