The United States Equal Employment Opportunity Commission (EEOC) has found Penn State in violation of Title VII of the Civil Rights Act of 1964.

Title VII ensures that job applicants cannot be discriminated against on the basis of race, religion, national origin or sex.

The determination was made because of a discrimination claim filed against the university by Christopher D. Fernando. Fernando worked part-time as a computer operator in the computer science and engineering department from August 1999 to June 2002. He requested full-time employment starting in summer 2000 and left the department when he was unable to secure full-time status.

In August 2002, a former co-worker informed Fernando of the availability of a full-time position in the department, which included job duties exactly the same as those he performed during his employment.

Fernando applied for the position, but was not granted an interview. He said he did not receive an interview because he is Asian. A white man later got the job.

Fernando then filed a complaint with the EEOC.

Bill Mahon, Penn State spokesman, said in an e-mail yesterday that the university disagrees with the ruling and will move to the next level of conciliation.

The Penn State Office of Affirmative Action and the department of computer science and engineering would not comment on the case. "I had the feeling that something bad had happened to me, and I didn't know what," Fernando said. "It was something that needed to be done because, if it happens to someone else, nothing will change."

The EEOC investigated the claim and decided "the evidence obtained during the investigation establishes a violation of the statute," according to the determination sent to both Fernando and the university. The document also says both parties must work together to resolve the matter.