Margaret A. Padula v. William Webster, Director, F.B.I

SILBERMAN, Circuit Judge:

Appellant Margaret A. Padula alleges that the Federal Bureau of Investigation (“FBI” or “Bureau”) refused to employ her as a special agent because of her homosexuality, in violation of both Bureau policy and the equal protection guarantee of the Constitution. Ruling on a motion for summary judgment, the district court rejected both these challenges, concluding that the hiring decision was committed to the FBI’s discretion by law and did not infringe upon appellant’s constitutional rights. We affirm.

I

The FBI’s policy towards employing homosexuals has been in some flux.…