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

EXHIBIT C
I Case 2:04—cv—00701-SI\/II\/I Document 31-5 Filed 06/29/2006 Page1 of 3

U.S. Department of Homeland Security
1 Federal Drive, Room G—56C
ri. Snelling. MN 551 1 1 41007
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M, and Customs
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Mr. Thomas McCaffrey
4835 E. Sheena Drive
Scottsdale, AZ 85254
Re: Complaint No.: HS-06-ICE-000533
Date Filed: February 1, 2006
Dear Mr. McCaffrey:
The purpose of this letter is to inform you of the acceptance, in part, of your complaint of
discrimination filed on February 1, 2006. Your complaint has been assigned number HS—06-ICE-
000533 and has been accepted on the bases of age (54) and reprisal (prior EEO activity). You allege
the following issue:
On October 3l, 2005, your supervisor ordered you to do daily checks in the Treasury
Enforcement Criminal Records database system, which was not required of other employees,
and, when you went to discuss this situation with him on November 21, 2005, he started
yelling at you, asserted that he could no longer work with you, and threatened to have you
transferred out of his unit.
Please be advised that all other references contained in the formal complaint will be used as
background information to support the issues as stated. lf you wish to report additional allegations
or incidents, they must be submitted to the Director, EEO, in writing. If the Director concludes that
the additional allegations do not raise a new issue but rather provide additional evidence or are like
or related to the allegations accepted in this letter, your complaint will be amended to include these
allegations. If the Director concludes that the additional allegations raise a new issue, you will be
required to seek counseling. You will be notified of the Director’s decision in writing.
If you believe that the issue in this complaint has not been correctly identified, please notify me in
writing (certified mail), within tive (5) calendar days after you receive this letter and specify why
you believe the issue has not been correctly identified. If you fail to contact me, I will conclude you
agree that the issue has been properly identified.
You will receive notification regarding the assignment of an EEO investigator under separate cover.
} Case 2:04-cv-00701-SIVIIVI Document 31-5 Filed 06/29/2006 Page 2 of 3

Mr. Thomas McCaffrey _
Page 2
If you need any additional information or have any questions, please contact the EEO Complaints
Program Management Office at (612) 467-7029.
Sincerely,
Judy S. Maltby
Chief] EEO Complaints Program Management Office
Office of Equal Employment Opportunity
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