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NMC cleared in two discrimination complaints
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Posted on Nov 25 2004
The U.S. Equal Employment Opportunity Commission has cleared Northern Marianas College in two discrimination cases. It also terminated the processing of two other complaints against the college.
Jesus C. Borja, legal counsel for NMC, said the college has received information from EEOC on Tuesday and Wednesday that the federal labor enforcement agency has dismissed the discrimination cases filed by Kathryn Tuten Puckett and Martin L. Gerbens against the college.
In separate notices regarding both complaints, EEOC-Honolulu director Timothy Riera said the agency was “unable to conclude that the information obtained establishes violations of the statutes.”
At the same time, EEOC said it is terminating its processing of the discrimination charges filed by Jack Angello and John Davis. Both complainants have requested a notice of “right to sue” from EEOC 180 days after they filed the charges.
In Angello’s case, the federal agency said that, although less than180 days have passed since the filing of the charge, “it is unlikely that EEOC will be able to complete its administrative processing” within the 180-day period.
As for Davis’ complaint, more than 180 days have passed since he filed the complaint. However, EEOC has yet to complete its administrative processing.
In an interview, Borja noted that EEOC was “very clear” that NMC did not commit discrimination in the first two cases.
He added that while EEOC did not dismiss the two other cases, the agency’s action was nevertheless “a good sign” for the college.
“EEOC is basically saying that the complainants can bring the matter to court, if they want to. If EEOC found that NMC did something wrong, they would have filed the lawsuit themselves. But apparently, EEOC doesn’t think it worth their time to be filing the lawsuit themselves,” Borja said.
