The Civil Rights acts are NOT CRIMINAL, thus a violation of them is NOT EVEN A SUMMARY OFFENSE LET ALONE A MISDEMEANOR. Civil Rights laws must be invoked by someone harmed by the illegal use of religion. Miers was NOT harmed so she can not sue Bush over the alleged discrimination. Gonzalez was supposedly on the list and he is NOT filing a Complaint withe EEOC. I have not heard of anyone who Bush might have appointed claiming that they were denied the nomination do to Bush's religious beliefs. That is the KEY, who was HARMED.
Anyway I did notice you are citing the Civil Service Reform Act of 1978 NOT the Civil Rights Act of 1964. The problem is Civil Service Reform Acts only covers employees in the Civil Service of the United States NOT the Appointed or elected members of our Government. The US Constitution differentiates between "Officers" and "Inferior Officers". "Inferior Officers" are appointed to their positions by the President, Judges or other people authorized by Congress to appoint such Inferior Officers WITHOUT Senate Confirmation based on laws passed by Congress(Including Civil Service Laws since the 1880s). Most (but not all) "Inferior Officers" are subject to Civil Service rules since the 1880s and most (but not all) are the subject of Civil Service Reform Act of 1978 (The biggest exceptions are Military NCOs, some law enforcement officers who are "Inferior Officers" but NOT subject to Civil Service).
Judges, Cabinet Officials, Commissioned Military Officers are NOT Civil Services, for they are Judges and other Officers" NOT "Inferior Officers" in the US Constitution. As "Officers" they are subject to Senate ratification and thus NOT subject to Civil Service Requirements. Thus Civil Service Reform Act of 1978 does NOT apply to Miers or any other political appointee of the President of the US.
The Civil Service Reform Act of 1978:
http://www.eeoc.gov/abouteeoc/35th/thelaw/civil_service_reform-1978.htmlArticle II. Section 2, Paragraph 2 of the US Constitution
http://www.law.cornell.edu/constitution/constitution.overview.htmlText of Article II, Section 2, Paragraph 2 of the US Constitution on the appointment power of the US President:
"He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law: but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments."