Susan's Place Transgender Resources

Community Conversation => Transgender talk => Topic started by: Stevie on July 27, 2016, 06:44:48 PM

Title: Starting new job security clearence question
Post by: Stevie on July 27, 2016, 06:44:48 PM

I start anew job on Monday and I need to file an SF-86 form to get a security clearance.  I am not worried about being trans as I have transitioned fully socially. My question relates to a section about mental health. 

In the last seven (7) years, have you consulted with a health care professional regarding an emotional or mental health condition or were you hospitalized for such a condition? Answer 'No' if the counseling was for any of the following reasons and was not court-ordered: - strictly marital, family, grief not related to violence by you; or - strictly related to adjustments from service in a military combat environment Please respond to this question with the following additional instruction: Victims of sexual assault who have consulted with the health care professional regarding an emotional or mental health condition during this period strictly in relation to the sexual assault are instructed to answer No.

Do I answer yes to this?  The only reason I saw a therapist was that it was required to get HRT.
Title: Re: Starting new job security clearence question
Post by: Amber42 on July 27, 2016, 06:58:36 PM
I'm thinking that's a No answer.  Not sure if you are married, but that would cover marital.
Family and grief basically covers the rest in my opinion.




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Title: Re: Starting new job security clearence question
Post by: Dena on July 27, 2016, 07:06:02 PM
I would be very careful about answering that question. I would leave it blank or if there is room, provide an explanation. When filling out a security clearance, they want to know if there is anything in your past that can be used to blackmail you. If they feel you are hiding something form them like your transition, they will not grant you the clearance. Been there done that but I was open so I got the clearance.
Title: Re: Starting new job security clearence question
Post by: Stevie on July 27, 2016, 08:28:42 PM
Quote from: Dena on July 27, 2016, 07:06:02 PM
I would be very careful about answering that question. I would leave it blank or if there is room, provide an explanation. When filling out a security clearance, they want to know if there is anything in your past that can be used to blackmail you. If they feel you are hiding something form them like your transition, they will not grant you the clearance. Been there done that but I was open so I got the clearance.

I'm open about it as well, I interviewed with 5 different people  for 30-45 minutes each, I know I don't pass well enough for it not to be noticed. Also there was an earlier question of the form about other names you have gone by and why you changed it, my answer was to align with my gender.
If you answer yes there is no section for an explanation they want the information on who you saw and when and to sign a medical release to allow them to contact them.
Title: Re: Starting new job security clearence question
Post by: tgchar21 on July 28, 2016, 11:04:20 AM
I'd answer yes, but then if there is a place to explain mention that it was due to needing HRT for your gender transition. That shouldn't be a problem in your case, since their main concern are people who may be less than mentally sound handling classified information.
Title: Re: Starting new job security clearence question
Post by: Arch on July 29, 2016, 06:00:15 AM
My first instinct would be to advise "no" if your condition (being trans) is not related to mental health. But I suspect that the government will not see it that way. My ex, who works for the federal government (and who has security clearances) would undoubtedly tell you to disclose. If you seem to be hiding something--and especially if it comes up in a FBI interview with someone who knows you--then you can kiss your clearance good-bye. So I have to echo Dena here; being open may delay things, but "hiding" or not disclosing can get you no clearance at all. Best to be open.

All the same, is there a number you can call to get clarification? If this job is with the feds, OPM should provide some guidance. But then, judging by some of my ex's adventures with benefits and such, maybe not. He sometimes had an awfully hard time tracking down help when he needed it. Perhaps a human resources expert can provide some guidance.
Title: Re: Starting new job security clearence question
Post by: SadieBlake on July 29, 2016, 06:15:13 AM
Last I knew LGB people are required to be 'out' to receive security clearance (perhaps this has changed and I've never needed a clearance, however have worked with people who did -- which is where I learned the above and if memory serves this extends to bdsm involvement).

The quandary I'd be worried about is the need to release records. For good reason psychotherapy is usually excluded from medical records release and I've certainly gone to extra lengths to ensure those records of mine weren't released in the case of liability insurance settlement.

In your shoes I would check  'yes' and not worry about the release, as you say it was on the pro-forma side of HRT  letter requirements.
Title: Re: Starting new job security clearence question
Post by: kathb31 on July 29, 2016, 01:28:20 PM
Hi Stevie,

I just went thru this at work recently where I have yet to come out. It was my 5 year sec clearance update.
I was nervous because I wasn't sure what to put in the counseling/mental health section.
I ended up leaving it blank. During the interview, he asked me about it and I admitted to seeing
a counselor for depression (leaving out all the rest of the details). I thought that I didn't need
to put anything since it did not involve drugs or alcohol. He said that wasn't true (the gov wants to know
everything I guess) but he decided it didn't need to be included - so it worked out well for me.
Hope this helps a little

Kath
Title: Re: Starting new job security clearence question
Post by: FTMax on July 29, 2016, 10:44:18 PM
You've hit the jackpot - I investigate folks who fill out the SF-86.

I'm of the opinion that you should answer yes and explain that it was for the purpose of treating your gender dysphoria and forwarding your medical transition. You may have to explain to your investigator what all that entails if they are not knowledgeable about it, but when you do, they will likely not care to follow up on your medical records beyond a phone call to the mental health practitioner to confirm that you saw them for the reason you say you did.

Like Dena said, if you omit it, the worry is that you're hiding something and that someone could use that information against you in the future. You would not be granted a clearance if they were to find this out. Refusing to sign off on a medical release would end the investigation and you would not be cleared. Withholding information or providing false information can also get you fined or prison time.

In short - if you want this job, it is probably in your best interest to be as forthcoming with information as possible.
Title: Re: Starting new job security clearence question
Post by: JoanneB on July 30, 2016, 08:37:58 AM
Quote from: Stevie on July 27, 2016, 06:44:48 PM
I start anew job on Monday and I need to file an SF-86 form to get a security clearance.  I am not worried about being trans as I have transitioned fully socially. My question relates to a section about mental health. 

In the last seven (7) years, have you consulted with a health care professional regarding an emotional or mental health condition or were you hospitalized for such a condition? Answer 'No' if the counseling was for any of the following reasons and was not court-ordered: - strictly marital, family, grief not related to violence by you; or - strictly related to adjustments from service in a military combat environment Please respond to this question with the following additional instruction: Victims of sexual assault who have consulted with the health care professional regarding an emotional or mental health condition during this period strictly in relation to the sexual assault are instructed to answer No.

Do I answer yes to this?  The only reason I saw a therapist was that it was required to get HRT.
It is against the National Security Act for anyone to say they have a clearance or perhaps even in the process of one. So, hypothetically speaking, MANY people are in therapy. At one point in time, plus being a aged hippie wannabe that has absolutely ZERO trust of guberment and about the same amount of trust for Big Data I asked the therapist I was seeing "How were my sessions being coded?" He responded with "Depression. I haven't had a trans client yet that wasn't depressed". After I got a new job and moved I began seeing a for real gender therapist. I asked her the same question. She answered "Anxiety. I haven't seen a trans client yet that didn't have anxiety"

I believe statistically this put me in the same cohort as just about the overwhelming majority of people in therapy. At worse they may contact the therapist to see how stable you are. But since that is probably a HIPA violation, maybe not given the wiggle room in the law, you would have to sign a consent form.

So again hypothetically speaking, if I was going for a security clearance and was worried about the trans aspect, which you cannot be denied one on that basis anyhow, I would ask my therapist ahead of time what the Great God of the Electron was being told about you for your own peace of mind. Heck I bet hypothetically speaking, that even being married to a post-op MTF for essentially 30 years will not even come up as a question during the interview with the feds  ;)

There are many low level openly TG people working in the defense industry in various levels. If it's a location out in the hicks there may be coworker issues but that's a given anywhere, no matter what the employers anti-discrimination and harassment policies say
Title: Re: Starting new job security clearence question
Post by: Deborah on July 30, 2016, 08:56:13 AM
The government will go out of their way not to discriminate against anyone for anything including gender identity.  You also don't have to disclose anything you don't want to disclose.

However, if you lie about something you probably will be denied the clearance and you could be prosecuted.  If you fail to disclose something they later find out about then you may or may not have your clearance denied.  It depends on what it is and what their further investigation turns up.
Title: Re: Starting new job security clearence question
Post by: Stevie on August 05, 2016, 09:23:46 PM
 Thank you all for the advice,  I am going to disclose it. I just spent my first week at the new job, I have all the information ready to file for the clearance just waiting on the company to do their part.
Title: Re: Starting new job security clearence question
Post by: ChasingAlice on August 05, 2016, 10:08:03 PM
the best thing to do is be honest, within reason. do not provide what is not requested. TG issues should not be a concern and if it is then your dodging a future problem.
regarding SC and who you are gonna be working with, any and all information can/will be gathered.