*1 Human Relations Comm’n. St. Minerals Corp., supra (Roberts, J., joined Nix, J., dissenting).
Moreover, errs even its majority on own terms. The concedes that majority the PHRC has discretion to tailor its by choosing the various remedies available. The agency acted under view that compensatory damages awere form of proper relief. Had the PHRC known that the Court would hold today that it lacked to power impose relief, form of it might have its shaped order to include other remedies or to penalties stiffen validly imposed. Thus, so that the PHRC have an opportunity to correct its order and to award the proper relief which it alone may determine, subject to review for discretion, abuse of should majority not affirm the order of the Commonwealth Court but should instead remand PHRC so that it may impose appropriate remedies not inconsistent with to- day’s opinion. unwise
I would reverse the order the Commonwealth Court and reinstate the order of the Pennsylvania Human Relations Commission. Alternatively, even on majority’s theory the proceedings should be remanded PHRC for recon- sideration itsof order in light today’s holding.
NIX, J., joins in this dissenting opinion.
PENNSYLVANIA HUMAN RELATIONS
COMMISSION, Appellant, Marian and Lewis STRAW.
Supreme Court of Pennsylvania.
Reargued Jan. 1978. Decided May *2 Com., Kahn, Harrisburg, Human Relations Sanford appellant. for Wilt, Harrisburg, appellee. for W.
Walter POMEROY, O’BRIEN, ROB- EAGEN, J., and C. Before LARSEN, JJ. ERTS, NIX, MANDERINO THE OF COURT OPINION LARSEN, Justice. Wilson filed a Deborah J. July Commission charging her Lewis had refused rent an Marian and Straw Pursuant to the procedures of her race.
apartment Act,1 that the had Commissionfound Straws unlawfully discrimi- nated against Wilson and ordered Straws among $3,500.00 things, Wilson order to pay compensate humiliation, her for the mental anguish, inconvenience and disruption of normal life. The family Straws appealed the Court, Commission’s order to Commonwealth opinion written by A. Judge Harry Kramer and filed on August 1973,held Commission had no authority to order that compensatory paid.2 petition A of appeal allowance to this Court was then filed Commission and granted on October The Commission raises the issue of whether it has the to order that paid for mental anguish, humiliation, inconvenience and disruption of normal family life suffered as a result Straws’ unlawful discrimina- *3 tion. In the of Pennsylvania case Human Relations Com- mission Zamantakis, (1978), A.2d 70 we held our has Legislature not conferred such authority upon the Commission.
Order affirmed. ROBERTS, J., filed a NIX, Dissenting joins.
MANDERINO, a filed Dissenting Opinion.
MANDERINO, Justice, dissenting.
I dissent. cannot the agree with majority that the Commission has no authority compensatory dam- ages when such have been properly established by the evidence.
Recently in Pennsylvania Human Relations Commissionv. Joe St. Minerals 476 Pa. (1978) we held that the Pennsylvania Human Relations Commission 27, 1955, amended, 1. Act of October 1 as 43 g.S. et seq. Pennsylvania 2. Straw (1973). Cmwlth. expressly which are powers granted exercise those the necessarily implied by
to the Commission held that the Commission could grant authority. St. such authori- interrogatories answers to compel the nor upon conferred Commission was neither ty expressly grant. implied necessarily is case, Joe, express there no grant this like In St. Joe, but, unlike that au- damages, authority to award Human the necessarily thority Act. In (c) was a subsection added to was new
Act amended subsection, new in my opinion, the Act. This 962 of section the Commission has implies that necessarily (c) new reads follows: The subsection damages. discrimination, claim of “(c) involving In cases act, invokes complainant in the courts of the of action right individual’s If within one not be foreclosed. shall Commonwealth with the complaint of a after the year or has not entered dismisses the the Commission complainant to which agreement a conciliation into notify complainant. must so party, complainant shall be able of such a notice receipt of common an action in the courts to bring from dis- based on the to freedom right court finds that by this act. granted crimination in or is engaged has the respondent practice charged complaint, unlawful *4 from in enjoin respondent the court shall practice and order affirma- such unlawful include, but is not limited tive action which of back granting pay, hiring employes, or reinstatement relief as the court deems equitable or any legal or shall not from a accrue pay liability Back appropriate. to the of a com- prior three years date more than added.) this act.” (Emphasis violations of charging plaint 19, 966, 318, 6, No. imd. Dec. As amended effective.
It can be seen from the above subsection that a person who does not receive relief from the entitled to bring an in action the courts of common of the and the court entitled to award any legal equitable it deems appropriate. in nothing
There is the Act to indicate a legislative intent that able courts would be give remedy which the in Commission could not the first instance. give a person court, is entitled to an award of damages Commis- sion should able to make similar award. If this were so, the intent that the not agency expertise in area of discrimination be the initial forum for the consideration of discrimination would be complaints consid- erably claiming thwarted. A person discrimination might cooperate before the diligently person that could obtain more relief Therefore, than before courts before the Commission. when one considers a court pleas’ express common author- ity remedy unlawful discrimina- tion, as well as the parties clear intent who seek suffer discrimination and obtain recourse from the Human think it necessarily in PHRA empowered “take such . . affirmative action . effectuate the [to] purposes Act],” 43 P.S. [the allowed to appropriate case.
ROBERTS, Justice, dissenting.
set forth in
For
reasons
of the
Court
Pennsylvania Human Relations Comm’n. v. Alto-Reste Park
Ass’n,
Cemetery
Pa.
Pennsylvania Human Relations Comm’n. v. Minerals 731 (1978) (Roberts, A.2d joined by Nix, I dissent. dissenting), NIX, J., joins this dissenting opinion.