John B. Hohrein, Appellant,v.Richard J. Danzig, Secretary, Department of the Navy, Agency.

Equal Employment Opportunity CommissionMay 4, 1999
01983749 (E.E.O.C. May. 4, 1999)

01983749

05-04-1999

John B. Hohrein, Appellant, v. Richard J. Danzig, Secretary, Department of the Navy, Agency.


John B. Hohrein v. Department of the Navy

01983749

May 4, 1999

John B. Hohrein, )

Appellant, )

)

v. ) Appeal No. 01983749

) Agency No. 98-66691-002

Richard J. Danzig, )

Secretary, )

Department of the Navy, )

Agency. )

___________________________________)

DECISION

The Commission finds that the agency's decision dismissing appellant's

complaint (alleging that appellant was denied an extension to his

contract as an Environmental Specialist; appellant's performance award

for the period August 1, 1995 through July 31, 1996 was canceled;

appellant's request to delay his reporting date to Bahrain was denied;

and appellant was unable to take renewal agreement travel before

reporting to Bahrain) on the grounds that appellant failed to timely

contact an EEO Counselor is proper pursuant to 29 C.F.R. �1614.107(b).

Appellant initially contacted an EEO Counselor on September 10, 1997.

The Commission finds that the incidents described supra all occurred

in 1996. The Commission finds that appellant should have reasonably

suspected discrimination regarding the allegations described supra in

1996 which was more than 45 days prior to appellant's initial contact

of an EEO Counselor. Appellant has not claimed that the complaint was

improperly defined or that any incident described supra occurred within

45 days of his initial EEO Counselor contact.

The Commission finds no need to address issue 2(g) (as referenced in

the agency decision) because issue 2(g) was not raised in the instant

formal EEO complaint. Because of our disposition we do not address the

agency's other reason for dismissing a portion of the complaint.

The agency's decision dismissing the complaint is AFFIRMED.

STATEMENT OF RIGHTS - ON APPEAL

RECONSIDERATION (M0795)

The Commission may, in its discretion, reconsider the decision in this

case if the appellant or the agency submits a written request containing

arguments or evidence which tend to establish that:

1. New and material evidence is available that was not readily available

when the previous decision was issued; or

2. The previous decision involved an erroneous interpretation of law,

regulation or material fact, or misapplication of established policy; or

3. The decision is of such exceptional nature as to have substantial

precedential implications.

Requests to reconsider, with supporting arguments or evidence, MUST

BE FILED WITHIN THIRTY (30) CALENDAR DAYS of the date you receive this

decision, or WITHIN TWENTY (20) CALENDAR DAYS of the date you receive

a timely request to reconsider filed by another party. Any argument in

opposition to the request to reconsider or cross request to reconsider

MUST be submitted to the Commission and to the requesting party

WITHIN TWENTY (20) CALENDAR DAYS of the date you receive the request

to reconsider. See 29 C.F.R. �1614.407. All requests and arguments

must bear proof of postmark and be submitted to the Director, Office of

Federal Operations, Equal Employment Opportunity Commission, P.O. Box

19848, Washington, D.C. 20036. In the absence of a legible postmark,

the request to reconsider shall be deemed filed on the date it is received

by the Commission.

Failure to file within the time period will result in dismissal of your

request for reconsideration as untimely. If extenuating circumstances

have prevented the timely filing of a request for reconsideration,

a written statement setting forth the circumstances which caused the

delay and any supporting documentation must be submitted with your

request for reconsideration. The Commission will consider requests

for reconsideration filed after the deadline only in very limited

circumstances. See 29 C.F.R. �l6l4.604(c).

RIGHT TO FILE A CIVIL ACTION (S0993)

It is the position of the Commission that 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.

You should be aware, however, that courts in some jurisdictions have

interpreted the Civil Rights Act of 1991 in a manner suggesting that

a civil action must be filed WITHIN THIRTY (30) CALENDAR DAYS from the

date that you receive this decision. To ensure that your civil action

is considered timely, you are advised to file it WITHIN THIRTY (30)

CALENDAR DAYS from the date that you receive this decision or to consult

an attorney concerning the applicable time period in the jurisdiction

in which your action would be filed. 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. If you file a request to reconsider and also file a

civil action, filing a civil action will terminate the administrative

processing of your complaint.

RIGHT TO REQUEST COUNSEL (Z1092)

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 4, 1999

DATE Ronnie Blumenthal, Director

Office of Federal Operations