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Worker told to comply with EEOC instruction
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Posted on Feb 22 2005
An alien worker will face possible deportation if he fails to bring his employment discrimination complaint to court before the end of next month.
Ruperto Mungcal had filed a complaint against his former employer, United International Corp., for age discrimination with the U.S. Equal Employment Opportunity Commission.
On Dec. 29 2004, EEOC issued a determination rejecting Mungcal’s claim, but made no substantive findings on the complaint. The commission also gave the worker 90 days to file a lawsuit against UIC.
Mungcal has not yet done so, but he has requested the Department of Labor to allow him to seek new employment.
In an administrative order, hearing officer Herbert Soll noted that Labor’s existing agreement with EEOC allows complainants to remain in the Commonwealth and have temporary employment while their EEOC cases are pending.
Noting EEOC’s instruction, Soll said: “To grant a transfer to a person in the position of the complainant would suggest that any non-resident worker could file an unsuccessful claim with EEOC and be granted a transfer although a transfer would have been denied if he or she had brought their complaint through the more usual channel of the Labor Department.”
Nevertheless, Soll said Mungcal’s request cannot be decided at this time. He explained that the worker still has until the end of March 2005 to exercise his right to take legal action and prove that his claim against his former employer is valid.
“The complainant has [until March 31] to perfect his status consistent with the above findings. If he has not taken proper steps by the end of that period, the department may take appropriate action to exclude him from the Commonwealth,” Soll said.
