Mark Tuszynski, Complainant, Richard J. Danzig, Secretary, Department of the Navy, Agency.

Equal Employment Opportunity CommissionMay 19, 2000
05a00385 (E.E.O.C. May. 19, 2000)

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.