Termination of an Assistant United States Attorney on Grounds Related to His Acknowledged Homosexuality

Termination of an Assistant United States Attorney on Grounds Related to His Acknowledged Homosexuality An A ssistant United States Attorney (AUSA), a federal employee in the “excepted” service, may not be term inated solely on the basis o f his hom osexuality, in the absence of a reasonable show ing that his homosexuality h a s adversely affected his jo b performance. The burden would be on the Department of Justice to demonstrate a nexus between the AUSA’s hom osexuality and an adverse effect on his jo b performance. In this case, it is doubtful whether the Departm ent could m eet its…