05980820
11-02-2000
Stephen J. Kohman, Complainant, v. Richard J. Danzig, Secretary, Department of the Navy, Agency.
Stephen J. Kohman v. Department of the Navy
05980820
November 2, 2000
.
Stephen J. Kohman,
Complainant,
v.
Richard J. Danzig,
Secretary,
Department of the Navy,
Agency.
Request No. 05980820
Appeal No. 01962353
Agency No. DON-94-60258-022
Hearing No. 340-95-3249X; 340-95-3250X
DENIAL OF REQUEST FOR RECONSIDERATION
By request for reconsideration postmarked May 14, 1998, Stephen J. Kohman
(complainant), by counsel, initiated a request to the Equal Employment
Opportunity Commission (EEOC or the Commission) to reconsider the decision
in Stephen J. Kohman v. Department of the Navy, EEOC Appeal No. 01962353
(April 2, 1998).<1> In the underlying complaint, complainant contended
that he was discriminated against based on physical disability (wrist
injury) and mental disability (depression) when: (1) from January through
September, 1991, he was harassed by being required to work outside his
medical restrictions; and (2) on December 2, 1992, he was terminated
from his Supply Clerk position at the agency's Long Beach, California
Naval Shipyard, due to unauthorized absences. Following a hearing, an
EEOC Administrative Judge (AJ) issued a finding of no discrimination.
The AJ's findings and conclusions were adopted by the final agency
decision, which was affirmed in our prior decision.
The certified mail return receipt card reveals that the prior decision was
received at complainant's counsel's address of record on April 6, 1998.
The prior decision advised that complainant had thirty (30) calendar
days after receipt of the Commission's decision to file a request
for reconsideration. Therefore, in order to be considered timely,
complainant's request for reconsideration had to be filed no later
than May 6, 1998. However, the request was postmarked May 14, 1998.
Complainant has not offered adequate justification for an extension of
the applicable time limit for filing his request for reconsideration.
Accordingly, complainant's request for reconsideration is hereby DENIED.
See 29 C.F.R. �� 1614.402(b), 1614.405 and 1614.604.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0900)
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:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
November 2, 2000
__________________
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 29 C.F.R. Part 1614 in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at www.eeoc.gov.