CALIFORNIA IN BRIEF : SAN FRANCISCO : Gay FBI Agent Sues Over Dismissal

A 20-year veteran FBI agent, who told the agency in 1988 that he is homosexual, filed suit in federal court to block his imminent dismissal, loss of security clearance and loss of pension. The case is believed to be the first in the nation by an agent challenging the loss of his job based on homosexual discrimination, according to Richard Gayer, the agent’s lawyer. The agent, identified in the lawsuit only as John Doe, accused the FBI of discrimination based on sexual preference in violation of the Constitution’s equal protection clause, as well as violation of his constitutional rights of free speech and free association. FBI spokesman Carlos Fernandez would not comment directly on the lawsuit but said: “Our concern is sexual conduct, not sexual preference.”