031615 - FAX TO EEOC WILMA SCOTT & CONGRESSMAN BENNIE THOMPSON
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UNITED STATES DEPARTMENT OF LABOR
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
JACKSON, MISSISSIPPI
VOGEL DENISE NEWSOME (Complainant)
vs.
FIRST HERITAGE CREDIT LLC (Respondent)
CHARGE NO. 423-2015-00802
FACSIMILE & CERTIFIED MAIL
TO:
CC:
Equal Employment Opportunity Commission (“EEOC”) – Jackson, MS
ATTN: Wilma Jones Scott (Area Director)
FACSIMILE NO. (601) 948-8401
CERTIFIED MAIL RECEIPT NO. 7000 1530 0001 4263 9368
Mississippi U.S. Congressman Bennie Thompson
FACSIMILE NO. – Bolton, MS (601) 866-9036
FACSIMILE NO. – Washington, DC (202) 225-5876
FROM: Vogel Denise Newsome
RE: RESPONSE TO 03/12/15 VOICEMAIL MESSAGE FROM WILLIE
CHURCHILL TO CONTACT EEOC
Inquiry Into STATUS OF 03/07/15 REQUEST FOR WRITTEN
CORRESPONDENCE THAT EEOC CHARGE NO. 423-2015-00802 HAS
BEEN RE-OPENED
NOTICE OF NON-RETALIATION REQUIREMENTS
DATE: March 15, 2015
Wilma Jones Scott (Area Director):
In follow-up to Vogel Denise Newsome’s previous voicemail messages left returning phone calls
from the EEOC regarding the above referenced EEOC Charge Number:
PLEASE BE ADVISED:
(1) This instant document/pleading is submitted in good faith and is not
submitted for purposes of delay, harassment, hindering proceedings,
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embarrassment, obstructing the administration of justice, vexatious
litigation, increasing the cost of litigation, etc. and is filed to protect and
preserve the ISSUES and rights of Newsome secured/guaranteed under
the United States of America’s Constitution and other laws of the United
States of America. Moreover, to address matters of PUBLIC/GLOBAL/
INTERNATIONAL importance and interests.
(2) That on Monday, February 9, 2015, Vogel Denise Newsome came into the office
of the U.S Equal Employment Opportunity Commission to file an EEOC
Charge/Complaint AGAINST First Heritage Credit LLC. At the time of
Newsome’s GOOD FAITH efforts to file her TIMELY “TYPEWRITTEN” Complaint,
she was advised that the EEOC’s system for filing complaint(s) was down and
she was asked to return at a later date. Out of concerns that this may be a
PLOY by the EEOC to PREVENT Newsome from filing a timely Charge/Complaint
and/or OBSTRUCT THE ADMINISTRATION OF JUSTICE, Newsome requested
that her “Charge Questionnaire” be “DATE STAMPED” to evidence her efforts
to file her TYPEWRITTEN Charge/Complaint. The Charge Questionnaire was
“DATE STAMPED!”
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(3) On Friday, February 13, 2015, Vogel Denise Newsome RETURNED to the
U.S. Equal Employment Opportunity Commission to file her Charge/Complaint
AGAINST First Heritage Credit LLC. At the time of this filing, efforts were made
by the EEOC’s Intake Clerk to OBSTRUCT Newsome from filing her
approximately 310 Page Charge/Complaint although Federal laws allow for
Newsome to file her OWN Typewritten Charge/Complaint and NOT just rely on
the EEOC’s Form 5. On said date (02/13/15), Newsome EXECUTED the
EEOC’s Form 5 NOTING her COMPLAINT being attached. Newsome’s
Charge/Complaint being in compliance with Form 5 used by the EEOC and
contained the REQUIRED/MANDATORY information for handling.
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NOTE: The EEOC’S ORIGINAL “Charge of Discrimination”
being RETURNED by Area Director Wilma Jones Scott.
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Due to the EEOC’s efforts to OBSTRUCT the filing of Newsome’s 310 Page
TYPEWRITTEN Charge/Complaint with supporting Exhibits, Newsome
requested a “STAMPED DATED” copy to EVIDENCE the 310 Page
Charge/Complaint submitted and REFERENCED on the EEOC’s Form 5 in the
filing of this matter.
(4) On Friday, February 13, 2015, Newsome was advised by EEOC’s employees
(i.e. Intake Clerk and his Supervisor) that her 310 Page and Exhibits would
be submitted to First Heritage Credit and asked if that is what she wanted.
Newsome CONFIRMED that her Charge/Complaint which consisted of 310
Pages and supporting Exhibits is to be SERVED of First Heritage Credit
and the reasons for her preparation of Charge/Complaint being that the EEOC’s
Form 5 is TOO VAGUE and is one that is used for purposes of them NOT
WANTING to do their job(s)!
IMPORTANT TO NOTE: The Intake Clerk and his Supervisor did
their best to DISCOURAGE Newsome from filing her Charge/Complaint;
however, Newsome was ADAMANT and advised him that her complaint is in
compliance with the statutes/laws governing said matters and contains the
MANADTORY “Prima Facie” information and it is her RIGHT to file her
Typewritten Charge/Complaint to which she is DEMANDING Respondent (First
Heritage Credit LLC) to provide an answer to. The EEOC’s employees attempted
to make it seem that it was MANDATORY to use their Form 5 (when it is
NOT); nevertheless, Newsome executed the EEOC’s Form 5 and had it NOTED
on the said form her submittal of own complaint (“Also please see attached
Complaint”). Without that “added” information, Newsome is CONFIDENT
(based on the EEOC’s handling of this matter) they would NOT have served First
Heritage Credit with her TYPEWRITTEN Charge/Complaint. The following is an
excerpt of information on the back of the EEOC’s Form 5.
PLEASE NOTE: A copy of Newsome’s TYPEWRITTEN EEOC
Charge/Complaint may be obtained from:
http://www.slideshare.net/VogelDenise/notice-of-eeoc-complaint-against-1-st-
heritage-credit-llc-filed
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(5) On February 20, 2015, approximately SEVEN (7) DAYS after Newsome’s filing
of her EEOC Charge/Complaint, the EEOC’s Area Director Wilma Jones Scott
EXECUTED a “Dismissal and Notice of Rights” alleging “Your charge was
not timely filed with EEOC, in other words, you waited too long after the
date(s) of the alleged discrimination to file your charge.” The following is
an excerpt of said document.
(6) There is NO evidence to support U.S. EEOC’s Wilma Jones Scott’s FRIVOLOUS
assertions of an UNTIMELY filing of Charge by Vogel Denise Newsome. Under
the statutes/laws governing said matters, Newsome having approximately
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180 days to file an EEOC Charge and 300 days if the
Discriminatory practices are ONGOING!
UNDISPUTED FACTS: Discriminatory/Unlawful Employment
practices resulting in Newsome’s TERMINATION of employment with First
Heritage Credit LLC occurred on or about August 11, 2014, and consist of
ONGOING discriminatory practices which CONTINUE to date! Newsome
came to the U.S. EEOC’s office on February 9, 2015, to file her EEOC Charge
(meeting the 180 day requirement) as well as the 300 day requirement for
ONGOING discriminatory practices.
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Newsome’s February 9, 2015, EEOC Charge/Complaint CLEARLY addresses
her concerns of ONGOING Discriminatory/Racist practices leveled against
her on Pages 1, 2, 5-7, 62, 63, 263, 278, 282 and 291.
(7) On Friday, February 27, 2015, Vogel Denise Newsome returned to the U.S.
EEOC’s Office in Jackson, Mississippi requesting WRITTEN proof and
verification that her Charge/Complaint was UNTIMELY filed. On said date, the
Intake Clerk CONFIRMED Newsome’s TIMELY filing and advised Newsome
of his notes that were placed in the system EXPLAINING his INABILITY to
file Charge/Complaint on Monday, February 9, 2015. Furthermore,
explaining and his efforts to DISCOURAGE Newsome from filing her
Charge/Complaint. Newsome was advised that Antonio Jones was NOT in the
office and that the person she would need to speak to was Mr. Jones’
Supervisor (William Shaffer); however, Mr. Shaffer apparently was OUT-TO-
LUNCH and or NOT ANSWERING his phone. Newsome left messages for Mr.
Shaffer advising her being there and wanting to speak with him. However, Mr.
Shaffer NEVER made an appearance.
Upon Newsome’s return from leaving to go and place money in the parking
meter, she was advised by the Intake Clerk that Area Director Wilma Jones was
requesting that she appeal the matter. However, when Newsome contested, it
was changed to her simply having to submit documentation to have the
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Charge RE-OPENED. When Newsome requested WRITTEN documentation of her
GOOD FAITH effort to resolve this matter on Friday, February 27, 2015, as well
as EVIDENCE of her visit, the Intake Clerk wanted to play DUMB and be
DIFFICULT about allowing Newsome to do this. Thus, prompting another
EEOC employee in a nearby office to come out and determine what the
issues were as she shared she had been listening to what has been going
on since Newsome has been there. It was explained. The Intake Clerk
insisted on speaking on matters IRRELEVANT to the issues and further
ATTEMPTED to keep Newsome from obtaining information of her visit on
Friday, February 27, 2015. Newsome signed the Sheet on the Counter noting
her visit as well as provided the following HANDWRITTEN note requesting that
it be “DATE STAMPED” to evidence her visit as well as WHAT the EEOC is NOW
requiring of her to RE-OPEN her Charge/Complaint.
(8) On March 2, 2015, in COMPLIANCE with the DEMANDS placed on her and the
INSTRUCTIONS given her on Friday, February 27, 2015, Newsome returned to
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the U.S. EEOC and submitted her TYPEWRITTEN document/pleading entitled,
“Request To Reopen Case and Request To Be Advised Of Conflict of
Interest” a copy of which has been posted and may be found at:
http://www.slideshare.net/VogelDenise/030215-eeoc-request-to-reopen-case-
request-to-be-advised-of-conflict-of-interest
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(9) It appears that AFTER, Vogel Denise Newsome’s Friday, February 27, 2015,
visit, the U.S. EEOC has RETALIATED and is NOW presently subjecting
Newsome to HARASSMENT as well as other CRIMINAL/CIVIL VIOLATIONS for
purposes of THREATS, INTIMIDATION, COERCION, etc. for DELAY purposes as
well as EFFORTS of OBSTRUCTING THE ADMINISTRATION OF JUSTICE and
RE-OPENING Newsome’s Charge/Complaint against First Heritage Credit LLC.
Not only that, it appears that through said HARASSMENT and
CRIMINAL/CIVIL violations, the U.S. EEOC has resorted to PHONE
HARASSMENT of Vogel Denise Newsome in efforts to AVOID having WRITTEN
CORRESPONDENCE in the record whether her REQUEST to RE-OPEN
Charge/Complaint has been processed. The following is a record of the
NUMEROUS phone calls Newsome has received from the U.S. EEOC and may
be found at the following link:
http://www.slideshare.net/VogelDenise/voicemail-recordings-eeoc-usps-first-
heritage-credit-matter
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(10) On March 7, 2015, out of concerns of the U.S EEOC’s HARASSMENT and
Criminal/Civil violations for purposes of OBSTRUCTING FEDERAL
INVESTIGATION(S) as well as OBSTRUCTING THE ADMINISTRATION OF
JUSTICE, Newsome submitted Facsimile to the U.S. EEOC (i.e. ATTN: Antonio
Jones and or Willie Churchill) entitled, “Response To Telephone Requests To
Contact Equal Employment Opportunity Commission and Request For
Written Correspondence That EEOC Charge No. 423-2015-00802 Has Been
Re-Opened.”
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I. NOTICE OF NON-RETALIATION REQUIREMENTS
NOTE: This excerpt is a copy of information on the backside of
the U.S. EEOC’s Form 5.
(11) PLEASE TAKE NOTICE: In accordance with the statutes/laws
governing matters regard RETALIATION against Vogel Denise Newsome and
others, as a direct and proximate result of her engagement in Investigation(s),
Lawsuit(s), Protected Activity(s), as well as U.S. EEOC Charge No. 423-2015-
00802, and the initiation of this EEOC Charge, the “ONGOING”
Discriminatory/Racist practices leveled against Newsome on Pages 1, 2, 5-7,
62, 63, 263, 278, 282 and 291 may also be EVIDENCED in her recent
TERMINATION of employment with Merchants FoodService on or about
Wednesday, March 11, 2015. Excerpt of information regarding said
termination may be found at:
http://www.slideshare.net/VogelDenise/merchants-foodservice-termination-of-
vogel-denise-newsomes-employment
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(12) From a February 13, 2015 (same day of Newsome’s returning to the U.S.
EEOC to file her Charge/Complaint against First Heritage Credit),
conversation Newsome had with the Customer Service Manager (Ms.
Richardson – WHITE Female) at Merchants FoodService (“Merchants”)
Jackson, MS Office, Richardson confirmed Merchants’ Executives’ decision to
end her employment as well as advising Newsome to begin looking for another
job.
(13) IMPORTANT TO NOTE ABOUT MS. RICHARDSON (WHITE FEMALE) AND THE
RETALITORY/DISCRIMINATORY PRACTICES LAUNCHED BY MERCHANTS
FOODSERVICE AS A DIRECT AND PROXIMATE RESULT OF RICHARDSON’S DECISION
TO HIRE NEWSOME FOR THE CUSTOMER SERVICE REPRESENTATIVE POSITION:
a) Newsome FIRST interviewed with Ms. Richardson
regarding the Customer Service Representative Position and
was selected for this position – Pay Rate $10.
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b) Newsome began working on or about Monday, December 8,
2014, for Merchants FoodService at the Pay Rate of $10.
c) It appears that Richardson’s employment with Merchants
FoodService ENDED because of her selecting Newsome for
the Customer Service Representative Position.
d) Merchant’s HIRING of employees (Permanently) in the
Customer Service Department AFTER Newsome was merely
efforts to DISCOURAGE her and to get Newsome to QUIT;
however, Newsome did NOT quit. Newsome conveying to
the Employment Agency that she is happy working at
Merchants FoodService.
e) Based on the February 13, 2015, conversation Newsome
had with Ms. Richardson, Newsome decided to check her
Social Forum to see whether Merchants may have been
visiting her Social Forums. Merchants’
Corporate/Executive Office is out of HATTIESBURG,
Mississippi. Upon check, Newsome was able to retain the
following information on or about February 16, 2015.
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f) Approximately FOUR (4)Days later from what appears to
be Merchants’ HATTIESBURG search, came U.S. EEOC’s
Wilma Jones Scott’s “Dismissal and Notice of Rights”
executed on February 20, 2015.
g) On March 6, 2015 (approximately SEVEN [7] DAYS from
Newsome’s February 27, 2015 visit to the U.S. EEOC’s
Office, Richardson’s employment was ABRUPTLY ended
by Merchants! Richardson previously sharing that her
last day would be on or about March 31, 2015.
h) On March 6, 2015, Newsome was advised by Merchants’
HR Representative (Jan H) that she was being moved to the
Transportation Department. Newsome made her
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OBJECTIONS known. To no avail. Merchants had already
HATCHED their DISCRIMINATORY/RETALIATORY/RACIST
plot to setup Newsome for an UNLAWFUL/ILLEGAL
Termination!
i) On Tuesday, March 10, 2015, Newsome was taken away
from her Customer Service Representative position at
Merchants and moved to the Transportation Department
of Merchants for purposes of being subjected to FURTHER
ONGOING Discriminatory/Retaliatory practices addressed in
her February 9, 2015, EEOC Charge against First Heritage
Credit LLC. Moreover, for Merchants to SETUP Newsome
up for what they thought would provide them with legal
grounds to terminate her position. However, what
Merchants’ did not know was that Ms. Richardson had
WARNED Newsome and provided Newsome with
information to sustain the ONGOING
Discriminatory/Retaliatory practices raised in
Newsome’s February 9, 2015 EEOC Charge/Complaint.
j) Merchants’ MOVING Newsome to the Transportation
Department OVER HER OBJECTIONS created another
VACANCY in the Customer Service Department. Newsome
performed the duties of Customer Service Representative
for approximately THREE (3) months WITHOUT
complaints about her inability to perform the duties of a
Customer Service Representative.
Newsome VERBALLY conveyed to Merchants’ HR
Representative (Jan H) and Transportation Manager (Mike
Danford) of being HAPPY performing the job as
Customer Service Representative and wanting to
remain in said position. To no avail. Merchants was
DETERMINED to engage and FULFILL their role(s) in the
DISCRIMINATORY/RETALIATORY/RACIST attacks leveled
against Vogel Denise Newsome, Ms. Richardson and others.
Merchants FALSIFIED and MISLED Newsome to believe
that the reason she was being moved to the Transportation
Department was due to her skillset and that said skills were
needed in the Transportation Department when they WERE
NOT!
Merchants’ representatives (Jan H. and Mike Danford)
conveyed to Newsome that moving to the Transportation
Department would provide her with a PERMANENT
employment opportunity when they KNEW it WAS NOT!
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k) Newsome performed the Customer Service Representative
duties for approximately THREE months WITHOUT being
told that her performance was POOR (because it was NOT)!
Not only that, that because of her skillset (i.e. attention
to details, email correspondence, telephone etiquette,
etc.) Merchants wanted Newsome in its Transportation
Department. The Employment Agency’s (Pam) even
mentioned Merchants being pleased with Newsome’s work
and NOT hearing anything.
l) At the time of Merchants’ moving Newsome to the
Transportation Department, there were VACANCIES in
positions for Customer Service Representatives; therefore,
there was NO reason for Merchants’ TAKING away this
position (EMPLOYMENT OPPORTUNITY) from Newsome to
move her to the Transportation Department - NONE OTHER
THAN to FULFILL their ROLES in the ONGOING
DISCRIMINATORY/RETALIATORY/RACIST practices
leveled against Newsome addressed in her February 9, 2015
EEOC Charge/Complaint. Newsome believes a reasonable
mind may conclude that Merchants HAD NO intentions of
keeping her employed. Therefore, leaving Newsome with
serious concerns as to what Merchants TRUE reasons for
TERMINATING her employment may be.
m) From the March 11, 2015, Employment Agency’s (Pam’s)
voicemail message left for Newsome NOTIFYING of the
TERMINATION of employment with Merchants
FoodService, it asserts the reason being due to the pay
rate being offered. However, this was NOT the TRUE
reason for Newsome’s TERMINATION because Newsome has
often worked for the $10 pay rate through the Employment
Agency. Moreover, Newsome and Merchants’ HR
Representative AGREED that she would continue to work
at the $10 pay rate. Nevertheless, according to the March
11, 2015, voicemail message from the Employment Agency
(Pam), Merchants’ reason for TERMINATING her employment
was based on the pay rate offered.
n) On March 12, 2015, the Employment Agency (Pam) further
advised Newsome that Merchants’ Transportation Manager
(Mike Danford) accused her of GOOGLING and TEXTING
while on the job to other employees about the
Transportation Clerk salary/position – which is FALSE
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and CANNOT be substantiated! Please see the presentation
that may be found at:
http://www.slideshare.net/VogelDenise/merchants-
foodservice-termination-of-vogel-denise-newsomes-
employment
o) On March 12, 2015 [IMMEDIATELY the DAY
AFTER Newsome’s termination with Merchants
FoodService], the U.S. EEOC’s (Willie Churchill) AFTER
being NOTIFIED on March 7, 2015 by Vogel Denise
Newsome, to contact her via WRITTEN
CORRESPONDENCE to advise her when the Charge has
been RE-OPENED, contacted Newsome CONTRARY to her
WRITTEN demands through the March 7, 2015 Facsimile
requesting that she contact him (EEOC). See last page
NOTE: Newsome believes a reasonable mind may
conclude an ESTABLISHED NEXUS between Merchants
FoodService Termination on March 11, 2015 and the U.S.
EEOC’s call on March 12, 2015, is MOTIVATED with
CRMINAL INTENT. The EEOC’s (Willie Churchill’s)
voicemail message may be found on the last page of the
video that may be found at:
http://www.slideshare.net/VogelDenise/merchants-
foodservice-termination-of-vogel-denise-newsomes-
employment
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(14) THEREFORE, PLEASE TAKE NOTICE: That Vogel Denise
Newsome is reporting what she believes to be ONGOING
Discriminatory/Retaliatory/Racist practices in FURTHERANCE of Title VII
Violations reported in her February 9, 2015, EEOC Charge No. 423-2015-
00802.
Furthermore, that Merchants FoodService has engaged and STILL is engaging
in unlawful employment practices under Title VII of the Civil Rights Act of
1964 as well as other statutes/laws prohibiting unlawful/illegal and
discriminatory/retaliatory employment practices.
Furthermore, that Merchants FoodService’s KNOWLEDGE of Newsome’s
ENGAGEMENT in PROTECTED ACTIVITIES as well as in RETALIATION
against Ms. Richardson for selecting Vogel Denise Newsome for the Customer
Service Representative position, has RETALIATED against Ms. Richardson
and others as a direct and proximate result of said selection. Moreover, is
presently ENGAGING in DISCRIMINATORY/RETALIATORY practices against
Ms. Richardson and other employees MASKING/SHIELDING said
unlawful/illegal employment practices as “RESTRUCTURING,” etc. of the
Customer Service Department.
(15) PLEASE TAKE NOTICE: That upon Newsome being NOTIFIED
of Merchants FoodServices’ DISCRIMINATORY/RETALIATORY acts on or about
February 13, 2015, by Ms. Richardson, Newsome knew that to sustain further
claims of the ONGOING discriminatory/retaliatory practices leveled against her
and others, that Merchants FoodService would have to CARRYOUT the
criminal/civil wrongs made known to SUSTAIN legal claims brought by Vogel
Denise Newsome. Moreover, to SUSTAIN the U.S. EEOC’s and its Legal
Counsel Baker Donelson Bearman Caldwell & Berkowitz’ ROLES in the
CRIMES and CIVIL VIOLATIONS leveled against Vogel Denise Newsome and
others who REFUSE to engage in unlawful/illegal employment practices.
On or about March 11, 2015, Merchants FoodService’s TERMINATION of
Newsome’s employment and the FALSE and MALICIOUS reasons provided for
said unlawful/illegal TERMINATION, sustained additional INJURY/HARM
suffered by Newsome as well as others for which Newsome is seeking a CLASS-
ACTION Lawsuit against First Heritage Credit! Thus, a reasonable mind
may conclude that the U.S. EEOC’s March 12, 2015, phone call from Willie
Churchill were for MALICIOUS intent as well in FURTHERANCE of the
CRIMINAL/CIVIL WRONGS leveled against Vogel Denise Newsome by First
Heritage Credit, Merchants FoodService and others PARTY to the
CONSPIRACIES against Newsome!
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(16) PLEASE TAKE NOTICE: That due to the HOMELAND SECURITY
ISSUES INVOLVED in the handling of Newsome’s EEOC Charge/Complaint
against First Heritage Credit that INVOLVES matters of PUBLIC/DOMESTIC/
INTERNATIONAL interests, by copy of this correspondence, Newsome is
contacting Mississippi United States Congressman Bennie
Thompson in GOOD FAITH in NOTIFYING him of said issues
since it appears he is aware of the problems Black-
American/African-Americans and/or People-Of-Color are having
with “UNCLE TOMS” and/or “House Negroes” being in
Government positions and using said positions for ADVERSE
INTENT!
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WHEREFORE, PREMISES CONSIDERED, this instant document/pleading is a:
(a) RESPONSE TO 03/12/15 VOICEMAIL MESSAGE FROM WILLIE
CHURCHILL TO CONTACT EEOC.
(b) Inquiry into the STATUS OF 03/07/15 REQUEST FOR WRITTEN
CORRESPONDENCE THAT EEOC CHARGE NO. 423-2015-00802 HAS
BEEN RE-OPENED – in that it appears that the U.S. EEOC are using
DELAY TACTICS in hopes that DRAGGING their FAILURE to RE-OPEN
Charge BEYOND the “APPEAL DATE” of the February 20, 2015
“Dismissal and Notice of Rights!” NOTE: The U.S. EEOC’s FAILURE to
RE-OPEN case although SUFFICIENT REQUEST(S) and EVIDENCE has
been provided to REBUT the FRIVOLOUS “Untimely Filed” assertion by
the EEOC’s Area Director Wilma Jones Scott.
PLEASE TAKE NOTICE: “WRITTEN
CORRESPONDENCE” from the U.S. EEOC’s Jackson,
Mississippi Office that Charge No. 423-2015-00802 has been RE-
OPENED by Thursday, March 19, 2015, is DEMANDED!
(c) NOTICE OF NON-RETALIATION REQUIREMENTS
Respectfully submitted, this 16th
day of March, 2015.
Vogel Denise Newsome
P.O. Box 31265
Jackson, MS 39286
PHONE: (601) 885-9536