Senate Judiciary Democrats Press Mukasey On Discrimination Case
Press Reports
Signal Department Attorney Fired Unlawfully
WASHINGTON (Wednesday, April 9, 2008) – Responding to press reports
about the dismissal of a Department of Justice attorney, Democrats
on the Senate Judiciary Committee yesterday sent a letter to
Attorney General Michael Mukasey asking that he ensure that
Department of Justice managers are aware of laws and policies
against discrimination and intimidation. Recent media reports have
suggested Leslie Hagen, a Department attorney and the liaison with
the U.S. Attorney’s Committee on Native American Issues from 2005 to
2006, was removed from her post in light of rumors of her sexual
orientation. Federal law protects Federal employees from
discrimination based on sexual orientation.
“We ask that as Attorney General, you take steps to ensure that all
of your managers understand the existing protections under law to
protect employees against all forms of discrimination and
intimidation,” the letter said.
The letter was signed by all 10 Democratic members of the Senate
Judiciary Committee. The text of the letter follows. A PDF is
available
here.
Last week, Committee Chairman Patrick Leahy (D-Vt.) and Ranking
Member Arlen Specter (R-Pa.) sent a letter to the Department’s
Inspector General and the Office of Professional Responsibility
seeking confirmation that the offices were including Ms. Hagen’s
case in the ongoing investigations into the firings of U.S.
Attorneys for seemingly political reasons and improper personnel
practices throughout the Department.
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April 8, 2008
The Honorable Michael Mukasey
Attorney General
The Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, DC 20530
Dear Attorney General Mukasey:
We are writing in response to current reports that a career attorney
at the Justice Department may have been removed from her position
based on rumors of her sexual orientation. Leslie Hagen served as
the liaison between the Department and the U.S. Attorneys’ Committee
on Native American issues from 2005 to 2006. According to a report
on National Public Radio, several people interviewed by the
Inspector General’s staff believe that the Department’s decision to
remove Ms. Hagen was due to her perceived sexual orientation.
The Department reportedly claimed a need to rotate people through
the position as the reason for not renewing Ms. Hagen’s contract.
However, senior officials in Ms. Hagen’s former office dispute this
explanation, telling NPR that they learned in a meeting that her
contract would not be renewed because “someone on the Attorney
General’s staff had a problem with Hagen. The problem, it was
suggested during the conversation, was sexual orientation – or what
was rumored to be Hagen’s sexual orientation.”
Ms. Hagen was removed from her post despite glowing reviews of her
work. Former U.S. Attorney Tom Heffelfinger told NPR that “‘she was
the best qualified person in the nation to fill that job.’” Sarah
Brubaker, a tribal prosecutor in Michigan described Hagan as “‘at
the very top of any of the prosecutors I’ve ever worked with” and
“‘not only an excellent prosecutor, but also easy to work with –
personable, professional.’” Several months after she was told that
she would be removed, Ms. Hagen received the best possible rating of
“outstanding” on all categories of her job performance evaluation.
We expect that the circumstances of Ms. Hagen’s termination are part
of the investigation into improper personnel practices at the
Justice Department. Current law provides that it is a “prohibited
personnel practice” to discriminate against a federal employee or
job applicant on the basis of off-duty conduct that does not affect
job performance. See
5 U.S.C. §2302(b)(10).
Even though the statute does not specifically mention sexual
orientation, it has long been interpreted to prohibit such
discrimination, including, notably, in a 1983 opinion from the
Justice Department’s Office of Legal Counsel by then-Assistant
Attorney General Theodore Olson.
See 7 Op.O.L.C. 58
(1983).
By all reports Ms. Hagen was an excellent prosecutor and an asset to
her division. It would be shameful for the Department to terminate
any employee because of sexual orientation, much less an employee
whose job performance earned such high praise.
We appreciate the commitment you made at your confirmation hearing
to equal treatment for Justice Department employees, regardless of
their sexual orientation. We also applaud your February 2008
statement which noted your efforts to “foster an environment in
which diversity is valued, understood and sought” and maintain “an
environment that’s free of discrimination.” We ask that as Attorney
General, you take steps to ensure that all of your managers
understand the existing legal protections to protect employees
against all forms of discrimination and intimidation.
Sincerely,
PATRICK LEAHY
EDWARD M. KENNEDY
Chairman United
States Senator
JOSEPH R. BIDEN
HERB KOHL
United States
Senator United
States Senator
DIANNE FEINSTEIN
RUSSELL D. FEINGOLD
United States
Senator United
States Senator
CHARLES E. SCHUMER RICHARD
J. DURBIN
United States
Senator United
States Senator
BENJAMIN L. CARDIN
SHELDON WHITEHOUSE
United States
Senator United
States Senator
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