Commonwealth v. Freeport Area School District

359 A.2d 724, 467 Pa. 522, 1976 Pa. LEXIS 638, 12 Empl. Prac. Dec. (CCH) 11,110, 20 Fair Empl. Prac. Cas. (BNA) 1399
CourtSupreme Court of Pennsylvania
DecidedJuly 6, 1976
DocketNo. 24
StatusPublished
Cited by17 cases

This text of 359 A.2d 724 (Commonwealth v. Freeport Area School District) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Freeport Area School District, 359 A.2d 724, 467 Pa. 522, 1976 Pa. LEXIS 638, 12 Empl. Prac. Dec. (CCH) 11,110, 20 Fair Empl. Prac. Cas. (BNA) 1399 (Pa. 1976).

Opinion

OPINION OF THE COURT

ROBERTS, Justice.

This case concerns the scope of relief which the Pennsylvania Human Relations Commission (PHRC) may order when a respondent is shown to have engaged in a [525]*525discriminatory practice following a complaint filed with PHRC by an individual. The Freeport Area School District (Freeport) argues that-PHRC may order affirmative relief only for the named complainant. PHRC claims that it may order such relief for all victims of a discriminatory practice.

On December 19, 1972, Linda Szul filed a complaint with PHRC 1 alleging that Freeport’s maternity leave policy unlawfully discriminated against her on the basis of sex.2 The complaint was amended on January 11, 1973, for the sole purpose of alleging that the discriminatory maternity leave policy had injured other similarly situated female employees of Freeport. PHRC investigated the complaint and found that there was cause to believe it to be valid. Following the statutorily mandated attempt to conciliate the complaint,3 a public hearing was begun on April 19, 1973. Complainant Szul and three other female employees of Freeport testified at the hearing. Following the hearing, PHRC issued findings of fact, conclusions of law and a final order directing Freeport, inter alia, both to abandon the discriminatory maternity leave policy and to pay Szul and the two similarly situated teachers who had testified at the hearing the prenatal pay and other benefits they would have received had they not been subject to the unlawful maternity leave policy.4

[526]*526Freeport appealed the final order to the Commonwealth Court,5 arguing, inter alia, that PHRC had no authority to order affirmative relief for any but named complainants. The Commonwealth Court agreed, stating that the only connection the additional victims of Free-port’s discrimination had with the case “was as subpoenaed witnesses .and recipients of the Commission’s unauthorized largesse and all-protective care.” It held that granting affirmative relief to victims of Freeport’s discriminatory policy who were not specifically. named in the complaint denied Freeport due process of law.6

PHRC filed a petition for leave to .appeal to this Court which we granted.7 Freeport asks us to quash the appeal, contending that PHRC has no standing to appeal the Commonwealth Court’s order. PHRC asks us to reverse that portion of the Commonwealth Court’s order which held that PHRC may order affirmative relief only for named complainants. We deny Freeport’s [527]*527motion to quash,8 modify the order of the Commonwealth Court as PHRC requests, and affirm the order as modified.

We have recently discussed what the Legislature intended to be the scope of relief which PHRC may order. In Pennsylvania Human Relations Commission v. Alto-Reste Park Cemetery Association, 453 Pa. 124, 133-34, 306 A.2d 881, 887 (1973), we said:

“From the outset, we note that the Legislature, in an attempt to deal comprehensively with the basic and fundamental problem of discrimination, clothed the Human Relations Commission with authority to ‘ . . . take such affirmative action including but not limited to . [several specific courses of action] as, in the judgment of the Commission, will effectuate the purposes of this act. . . . ’ Pennsylvania Human Relations Act, [Act of October 27, 1955, P.L. 744,] § 9, 43 P.S. § 959 (Supp.1973). (Emphasis added.) The words 'as in the judgment of the Commission’ indicate to us that the Legislature recognized that only an administrative agency with broad remedial powers, exercising particular expertise, could cope effectively with the pervasive problem of unlawful discrimination. Accordingly, the Legislature vested in the Commission, quite properly, maximum flexibility [528]*528to remedy and hopefully eradicate the ‘evils’ of discrimination. Pennsylvania Human Relations Act, supra at § 2(a), 43 P.S. § 952(a) (Supp.1973). The legislative mandate that the provisions of the Act be ‘construed liberally,’ noted supra, serves to reinforce this .view.”

In this case there is no question concerning the remedy itself; rather the issue is raised whether PHRC may order affirmative relief for persons who were not specifically named in the original complaint. Freeport argues that, when the original complaint is filed by an individual, PHRC may order such relief only for the individual or individuals named in the complaint. A brief review of the statutorily mandated procedure for PHRC handling of complaints disposes of this contention.

The Pennsylvania Human Relations Act contemplates an invarying three step procedure for handling complaints, regardless of source. A complaint may be filed by an individual, by the Attorney General or initiated by PHRC itself. PHRC must investigate all complaints that are filed. If the investigation reveals that there is probable cause to credit the allegations of the complaint, PHRC must give the respondent an opportunity to respond to those allegations at a preliminary hearing. If, after this opportunity for response has been given, there is still reason to believe that the complaint is valid, PHRC must attempt to conciliate the dispute. If conciliation fails, PHRC must hold a public hearing on the charges. After the public hearing, if the complaint is sustained, the Commission issues findings of fact and a final order “requiring such respondent to cease and desist from such unlawful discriminatory practice and to take such affirmative action including but not limited to hiring, reinstatement or upgrading of employes, with or without backpay. . . .” Pennsylvania Human Relations Act, Act of October 27, 1955, P.L. 744, § 9, as amended, 43 P.S. § 959 (Supp.1975).

[529]*529Thus it can be seen that the Act mandates that every complaint, regardless of source, must be investigated, if thought to be valid, must be the subject of an attempt by PHRC to conciliate the dispute, and, if conciliation fails, must be the subject of public hearings and formal findings and orders by the Commission. Once the complaint is filed the procedure is uniform. Nothing in the Act limits PHRC’s power to investigate, conciliate or adjudicate depending upon the source of the complaint. Nothing in the Act limits the remedy which PHRC may order depending upon the source of the complaint.

Moreover, relief, when granted, is class relief. The respondent is ordered to cease and desist from the unlawful discriminatory practice with regard to all persons in the affected class. The act draws no distinction between the scope of “injunctive” relief and the scope of affirmative relief. Affirmative relief may be ordered “as, in the judgment of the Commission will effectuate the purpose of [the] act . . . .” 9

The Commonwealth Court found that Freeport was denied due process of law by PHRC’s order granting backpay and other benefits to persons who were not specifically named in the complaint.

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359 A.2d 724, 467 Pa. 522, 1976 Pa. LEXIS 638, 12 Empl. Prac. Dec. (CCH) 11,110, 20 Fair Empl. Prac. Cas. (BNA) 1399, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-freeport-area-school-district-pa-1976.