Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: WEDNESDAY, October 13, 1993                   TAG: 9310130111
SECTION: NATL/INTL                    PAGE: A-4   EDITION: METRO 
SOURCE: Associated Press
DATELINE: WASHINGTON                                LENGTH: Medium

GAY WORKER'S FIRING OK'D

The court refused to hear his job-bias argument that the CIA improperly views homosexual employees as a greater security risk than heterosexuals.

A lower court ruling in the case leaves federal executive agencies free to discriminate against gay employees, the appeal had argued.

The man identified in court papers as John Doe has been on paid administrative leave since 1985, when a federal judge ruled that his dismissal had been improper.

The high court's refusal to take the case "underscores the fact that gay and lesbian people do not have civil rights protections," said David Smith of the National Gay and Lesbian Task Force.

CIA spokesman David French said the agency does not "reject, disqualify or assign people or make other personnel decisions on the basis of sexual orientation."

However, French added that "complete trust is required" by the agency, which said it fired Doe because he concealed his homosexuality.

French said the agency now will consider seeking reimbursement of Doe's pay and benefits.

In other action Tuesday, the court:

Let stand the conviction of New Hampshire school instructor Pamela Smart, serving a life prison term for coaxing her student lover to kill her husband in 1990.

Agreed to use a Maryland case to consider giving convicted criminals an earlier chance to challenge career-offender sentences based partly on their prior convictions.

Agreed to clarify the deadline for giving people charged with federal crimes their initial day in court. The case involves a California man accused of possessing counterfeit money.