Stephen J. Kohman, Complainant,v.Richard J. Danzig, Secretary, Department of the Navy, Agency.

Equal Employment Opportunity CommissionNov 2, 2000
05980820 (E.E.O.C. Nov. 2, 2000)

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.