Could participation in a lawsuit against a federal agency affect a TS clearance?

I am currently in the adjudication stage for a Top Secret position with a federal agency.

Separately, I previously worked for another U.S. government agency as a contractor. A group of former contractors is considering litigation against that agency to seek compensation and reinstatement to their former positions. I may have the option to join the case as a plaintiff.

The lawsuit would be an ordinary civil/contract compensation dispute. It would not involve classified information, misconduct on my part, criminal allegations, whistleblowing, or anything related to national security.

My question is for those familiar with clearance adjudication:

Could simply being a plaintiff in a lawsuit against another federal agency adversely affect a pending Top Secret clearance?

I understand that filing a legitimate civil lawsuit does not appear to be a specific issue under the SEAD 4 adjudicative guidelines. What I am more concerned about is the practical aspects of adjudication.

For example, could an adjudicator or hiring/security office informally view someone as a potential problem because he previously sued a government agency, something along the lines of, “If he sued his former agency, perhaps he could eventually sue us too”?

I am not asking whether that would be an appropriate reason to deny a clearance. I am asking whether people with actual experience in the clearance process have ever seen a legitimate employment or contract lawsuit become a negative factor in practice.

A related question: if the lawsuit is filed while the adjudication is still pending, is being added as a plaintiff normally something that should be proactively reported to the security office, or only disclosed if specifically asked about civil court actions?

I would particularly appreciate responses from current/former investigators, adjudicators, FSOs/security managers, or attorneys familiar with the clearance process.

Thanks.

Taking a legal action is not something that would be disqualifying under the adjudicative guidelines and would not be taken into consideration for clearance eligibility. The hiring f agency would not even be given that information as it is only reviewed by the Adjudicator.

1 Like