Notes of Decisions
A claim filed with the EEOC and PHRC 223 days after termination is a commencement of proceedings under State or local law if the discrimination occurs in a deferral State serving as the State equivalent of the EEOC and triggers the 300-day statute of limitations under 42 U.S.C. § 2000—5(e), even though the State claim is dismissed for failure to comply with the 90-day statute of limitations contained in subsection (a); the court also noted that 16 Pa. Code § 42.11(c) provides that a complaint is deemed filed when received by the PHRC. Shaffer v. National Can Corp., 565 F. Supp. 909 (E.D. Pa. 1983).
Commission action may be involved by a verified complaint transmitted from a federal agency, since nothing requires that a complainant file in person, the exclusive action provision of the Pennsylvania Human Relations Act, 43 P. S. § 962(b), only bars those who have previously sought relief under the laws of the Commonwealth rather than a federal remedy, and 16 Pa. Code § 42.11 preserves commission discretion to entertain complaints in noncompliance with 16 Pa. Code § 42.31 (relating to commencement of proceedings by complaint under the acts). Lukus v. Westinghouse Electric Corp. 419 A.2d 431 (Pa. Super. 1980).
