The FBI is dropping its categorical hiring ban on applicants who have had sexual encounters with prostitutes, according to people familiar with the matter. The move is part of a continuum of evolving recruitment standards within federal law enforcement. The bureau will now consider, in a more holistic manner, at least some candidates who have engaged in the practice in the past.
The change falls along a line of relaxed recruitment standards, including a more lenient approach to candidates’ past marijuana use. However, some current and former agents have expressed concern about a perceived loosening of recruitment requirements as the FBI seeks to replenish its ranks.
The FBI still intends to dismiss applicants who have engaged in prostitution within the last 10 years, three or more times overall, or while in a position of trust, such as public safety. For others, it will allow for consideration of the context of the conduct rather than treating it as grounds for automatic rejection.
The practical impact of this change is not immediately clear, as many who have engaged in prostitution may still be disqualified or weeded out upon further scrutiny from FBI polygraphers and security officials. The FBI said the change was meant to account for the fact that some otherwise suitable candidates, including service members, may have engaged in the practice in places where it is legal.
Applicants to the FBI undergo a multistep application and vetting process, including a background check, a detailed questionnaire, credit checks, interviews with neighbors and colleagues, and a polygraph test. The regimen is meant to uncover any prior criminal conduct in an applicant’s past, as well as embarrassing personal information that could make an employee vulnerable to blackmail.
Felony convictions, domestic violence convictions, failure of a urinalysis, and the bureau’s drug policies are among factors treated as automatic disqualifiers. Though the new guidance will allow for a broader and more contextual evaluation of applicants who disclose past experience with prostitution, such an admission has historically been typically regarded as a significant issue for potential employees at agencies including the FBI, CIA, and NSA.
Some experts, like Daniel Brunner, a retired FBI agent, have expressed concerns about the shift, suggesting that it may indicate a shallow applicant pool. Brunner said, “If they’re moving the bar for sexual encounters to include prostitution, what is that saying about the applicant pool?”
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Chris Piehota, a retired top FBI executive, said he would be more troubled if the bureau were to loosen its standards for
The Justice Department is easing recruitment requirements in general, which has raised concerns among some current and former officials. The FBI has taken steps to make it easier for its own professional staff to become agents and has offered a truncated training academy for applicants from other federal law enforcement agencies.
In 2015, then-Attorney General Eric Holder issued a memo reiterating that all Justice Department employees were prohibited from soliciting or accepting prostitution, including in places where it was legal. The FBI and other federal law enforcement agencies have confronted periodic episodes in which agents serving abroad have been accused of sexual encounters with prostitutes.
As the FBI considers each applicant’s past conduct, it will be important to evaluate the context of their actions. The bureau’s statement emphasized that it will maintain high suitability standards for its applicants and employees, and that any applicant who has engaged in criminal sexual acts would not be eligible for employment.
They will need to carefully assess each candidate’s situation to make informed decisions. The FBI’s goal is to hire the most qualified candidates while maintaining the trust of the public.
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