Rachel Brand, the assistant attorney general in the Office of Legal Policy, will step down July 9, the department said in a statement. The statement did not give a reason for her departure, but Brand is expecting a baby soon.
Brand was a member of Attorney General Alberto Gonzales' leadership team. When officials were planning to fire U.S. attorneys in San Diego, San Francisco, Michigan and Arkansas, Brand was named as a possible replacement for Margaret Chiari in Michigan, according to documents released as part of a congressional inquiry.
In the past, the Bush Justice Department has used maternity leave as a reason to pass over other pregnant career professionals for promotion:
Brand was a member of Attorney General Alberto Gonzales' leadership team. When officials were planning to fire U.S. attorneys in San Diego, San Francisco, Michigan and Arkansas, Brand was named as a possible replacement for Margaret Chiari in Michigan, according to documents released as part of a congressional inquiry.
In the past, the Bush Justice Department has used maternity leave as a reason to pass over other pregnant career professionals for promotion:
In a Dec. 26, 2006 article in the Arkansas Democrat-Gazette, Justice Department spokesman Brian Roehrkasse explained that they “temporarily” appointed Griffin, rather than Bud Cummins’ deputy Jane Duke, because Duke was pregnant:
He noted that often, the first assistant U.S. attorney in the affected district will serve as the acting U.S. attorney until the formal nomination process begins for a replacement. But in this case, “the first assistant is on maternity leave,” he said, referring to Jane Duke, who gave birth to twins earlier than expected the same week of the announcement.
On Jan. 11, Pryor wrote a letter to Attorney General Alberto Gonzales and took issue with the Justice Department’s excuse:
I am astonished that the reason given by your office for the interim appointment is that the First Assistant U.S. Attorney is on maternity leave and therefore would not be able to perform the responsibilities of the appointment. …
This concerns me on several levels, but most importantly it uses pregnancy and motherhood as conditions that deny an appointment. While this may not be actionable in a public employment setting, it clearly would be in a private employment setting. The U.S. Department of Justice would never discriminate against women in this manner.
The Pregnancy Discrimination Act states that employers, including the federal government, cannot discriminate on the “basis of pregnancy, childbirth, or related medical conditions.”
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