Free Response in Opposition to Motion - District Court of Arizona - Arizona

EXHIBIT D
l Case 2:04—cv—00701-SI\/II\/I Document 31-6 Filed 06/29/2006 Page1 of 4

U.S. Department of Homeland Security
` 1 Federal Drive, Room G·56C
Ft. Snelling, MN 5511 1-400}*
` ;°"°“’·'t B U.S. III]1I1lgI'&[lO11_
and Customs
’<·~¤ sis`? EI1fOI`C€II1€I1IZ
APH `l l 2006
Thomas McCaffrey
4835 E Sheena Dr
Scottsdale, AZ 85254 ‘
Re: Date Filed: April l0, 2006
Complaint No.: HS—06-ICE-001029
Dear Thomas McCaffrey:
This letter acknowledges receipt of your discrimination complaint filed April I0, 2006, which has
been assigned agency case number HS-06-ICE—00l029. lt further provides written notice of your
rights during the formal complaint process, and the timeframes for exercising those rights, as
governed by the Equal Employment Opportunity Commission (EEOC) regulations set out in 29
Code of Federal Regulations Part 1614.
Please note that all timeframes described below are given in calendar days, and that, if a time period
expires on a Saturday, Sunday or federal holiday, you may file on the next business day. If you are
represented by an attorney, timeframes for receipt of materials shall be computed from the time of
receipt by the attomey.
The complaint will be reviewed to determine whether it meets requirements for liirther processing.
lf any portion is accepted, the investigation must be completed within 180 calendar days from the
filing date, unless a written extension is granted. If you submit an amendment after the original
complaint has been filed, the agency must complete its investigation within the earlier of 180 days
after the last amendment or 360 days after the filing of the original complaint.
If some, but not all, allegations raised in the complaint are dismissed, you will be provided a written
explanation for that action, which can later be reviewed by an EEOC Administrative Judge (AJ) or
the Department of Homeland Security (DHS). lf the agency takes final action by dismissing the
entire complaint, you will be informed of your appeal rights.
If your complaint is accepted for investigation, you will be sent a copy of the Report of Investigation
(ROI) and notified of your right, within 30 calendar days from the date of its receipt, to either
request a hearing before an EEOC AJ or have DI-IS issue a final decision without a hearing. You
also may request a hearing with EEOC when l80 days have elapsed since the filing of the original
complaint, even where you have submitted a subsequent amendment. However, because the EEOC
does not have jurisdiction regarding allegations of discrimination based on sexual orientation,
protected genetic information, or parental status, these allegations must be adjudicated in a final
decision by DHS.
I Case 2:04—cv—00701-SI\/II\/I Document 31-6 Filed 06/29/2006 Page 2 of 4

Thomas McCaffrey
PageQ of 3
When requesting a hearing, you must submit a written request directly to the following EEOC office:
Phoenix District Office, EEOC
3300 N Central Avenue
Ste 690
Phoenix, AZ 85012-2504 -
(602) 640-5071 (facsimile) _
A copy of any hearing request andfor a request for issuance of a final decision by DHS must be
directed to the following address:
U.S. Immigration and Customs Enforcement
EEO Complaints Program Management Office
Attn: Judy S. Maltby, Chief
l Federal Drive, Room G—56C
Ft. Snelling, MN 55111-4007
(612) 725-3239 (facsimile)
If you fail to either request a hearing with EEOC or final decision by DHS within the timeframe
outlined above, your case will automatically be submitted to DHS for a final decision without a
hearing based on the existing record.
If you are dissatisfied with DHS’s final action on your complaint, you may file an appeal with EEOC
or a civil action in an appropriate United States District Court.
You may file an appeal with the EEOC’s Office of Federal Operations (OFO) within thirty (30)
calendar days of your receipt of the final decision. You should use EEOC Form 573, Notice of
Appeal/Petition, to do so, which will be provided as an attachment to the decision. You may also
submit a brief or statement in support of your appeal within 30 calendar days of filing the notice of
appeal. You may file the appeal and/or brief by mailing it to:
Director
Equal Employment Opportunity Commission
Office of Federal Operations
P.O. Box 19848
Washington, D.C. 20036
or by hand delivering it to:
Director, Office of Federal Operations
Equal Employment Opportunity Commission
l80l L Street, NWV
Washington, DC 20507
or by sending it by facsimile to:
(202) 663-7022.
I Case 2:04-cv-00701-SIVIIVI Document 31-6 Filed 06/29/2006 Page 3 of 4

Thomas McCaffrey
Page*3 of 3 I
At the same time you file any appeal and/or brief with EEOC, you must also send a copy of these
materials to the agency at:
U.S. Immigration and Customs Enforcement
Chief, EEO Complaints Program Management Office
1 Federal Drive, Room G-56C
Ft. Snelling, MN 55111-4007 _
(6l2) 725—3239
ln addition to an appeal, you may also file a civil action in an appropriate federal district court within
ninety (90) calendar days after receiving the final decision from DHS, or, after 180 calendar days
from the date the formal complaint was filed, if no final decision has been issued. If you have filed
an appeal with OFO, you may file a civil action within ninety (90) calendar days after receiving
OFO's final decision on your appeal, or after 180 calendar days have elapsed since the date of your
appeal if OFO has not rendered a final decision. If you file a civil action, you must name the
Department head as defendant and provide his or her official title. Failure to name the Department
head in his or her official capacity may result in dismissal of your case. In this case, the appropriate
agency is the Department of Homeland Security, and its head is Secretary Michael Chertoff.
lf you decide to file a civil action and if you do not have, or cannot afford, the services of an
attomey, you may request that the Court appoint an attorney to represent you and that the Court
permit you to file the action without payment of fees, costs, or other security. The grant or denial of
the request is within the sole discretion of the Court. Filing a request for an attorney does not extend
the time in which to file a civil action. Both the request and the civil action must be filed within 90
days of the date you receive the agency or EEOC final decision.
You are obligated to keep the agency informed of your current mailing address and telephone.
Please direct all correspondence to the agency regarding this complaint to the EEO Complaints
Program Management Office at the address provided. When doing so, please refer to the case
number identified above.
if you need additional information or have any questions regarding this correspondence, please
contact the EEO Complaints Program Management Office at (612) 467-7029.
Sincerely,
iludy S. Maltby
Chief, EEO Complaints Program Management Office
Office of Equal Ernplognnent Opportunity
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