05a00385
05-19-2000
Mark Tuszynski, Complainant, Richard J. Danzig, Secretary, Department of the Navy, Agency.
Mark Tuszynski v. Department of the Navy
05A00385
May 19, 2000
Mark Tuszynski, )
Complainant, ) Request No. 05A00385
) Appeal No. 01966269
) Agency Nos. DON 95-62755-004
) DON 9562755-008
Richard J. Danzig, ) DON 95-62755-009
Secretary, ) Hearing Nos. 370-96-X2361
Department of the Navy, ) 370-96-X2362
Agency. ) 370-96-X2363
____________________________________)
DENIAL OF REQUEST FOR RECONSIDERATION
The complainant initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Mark
Tuszynski v. Department of the Navy, EEOC Appeal No. 01966269 (November
25, 1998). By regulation, requests for reconsideration must be filed
within 30 calendar days after the party receives our previous decision.
64 Fed. Reg. 37,644, 37,659 (1999) (to be codified as 29 C.F.R. �
1614.405(b)).<1> A document is timely if it is received or postmarked
before the expiration of the applicable filing period, or, in the
absence of a legible postmark, is received by mail within five days of
the expiration of the applicable filing period. 64 Fed. Reg. 37,644,
37,661 (1999) (29 C.F.R. � 1614.604(b)).
The previous decision was mailed to the complainant on November 25,
1998, and he does not aver there was a delay in delivery. The decision
informed the complainant of his right to request reconsideration, the
regulatory time limit to do so, and the EEOC address where the request
should be sent. The complainant's request for reconsideration was
filed on February 19, 2000, more than a year beyond the 30 calendar day
limitation period. The complainant explains that he was late because
addressing this case causes him deep pain and panic attack. He submits
no medical documentation showing his delay of over a year was caused by
a panic condition, and has failed to otherwise justify this delay.
Accordingly, the complainant's request for reconsideration is untimely
and is DENIED. The Commission's decision in EEOC Appeal No. 01966269
remains the Commission's final decision in this matter.
COMPLAINANTS' RIGHT TO FILE A CIVIL ACTION (P0400)
This decision of the Commission is final, and there is no further right
of administrative appeal from the Commission's decision. You have the
right to file a civil action in an appropriate United States District
Court WITHIN NINETY (90) CALENDAR DAYS from the date that you receive this
decision. If you file a civil action, YOU MUST NAME AS THE DEFENDANT IN
THE COMPLAINT THE PERSON WHO IS THE OFFICIAL AGENCY HEAD OR DEPARTMENT
HEAD, IDENTIFYING THAT PERSON BY HIS OR HER FULL NAME AND OFFICIAL TITLE.
Failure to do so may result in the dismissal of your case in court.
"Agency" or "department" means the national organization, and not the
local office, facility or department in which you work.
RIGHT TO REQUEST COUNSEL (Z1199)
If you decide to file a civil action, and if you do not have or cannot
afford the services of an attorney, 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. See Title VII
of the Civil Rights Act of 1964, as amended, 42 U.S.C. � 2000e et seq.;
the Rehabilitation Act of 1973, as amended, 29 U.S.C. �� 791, 794(c).
The grant or denial of the request is within the sole discretion of
the Court. Filing a request for an attorney does not extend your time
in which to file a civil action. Both the request and the civil action
must be filed within the time limits as stated in the paragraph above
("Right to File A Civil Action").
FOR THE COMMISSION:
May 19, 2000
Date Carlton M. Hadden, Acting Director
Office of Federal Operations
CERTIFICATE OF MAILING
For timeliness purposes, the Commission will presume that this decision
was received within five (5) calendar days after it was mailed. I certify
that this decision was mailed to complainant, complainant's representative
(if applicable), and the agency on:
Date
1On November 9, 1999, revised regulations governing the EEOC's
federal sector complaint process went into effect. These regulations
apply to all federal sector EEO complaints pending at any stage in the
administrative process. Consequently, the Commission will apply the
revised regulations found at 64 Fed. Reg. 37,644 (1999), where applicable,
in deciding the present appeal. The regulations, as amended, may also
be found at the Commission's website at www.eeoc.gov.