Pennsylvania Human Relations Commission v. Straw

387 A.2d 75, 478 Pa. 463, 1978 Pa. LEXIS 651

Opinions

OPINION OF THE COURT

LARSEN, Justice.

On July 15, 1971, Deborah J. Wilson filed a complaint with the Pennsylvania Human Relations Commission charging that Marian and Lewis Straw had refused to rent her an apartment because of her race. Pursuant to the procedures set forth in the Pennsylvania Human Relations Act,¹ the Commission found that the Straws had unlawfully discriminated against Wilson and ordered the Straws to, among other things, pay Wilson $3,500.00 in order to compensate her for the mental anguish, humiliation, inconvenience and disruption of normal family life. The Straws appealed the Commission’s order to Commonwealth Court, which in an opinion written by Judge Harry A. Kramer and filed on August 14, 1973, held that the Commission had no authority to order that compensatory damages be paid.² A petition for allowance of appeal to this Court was then filed by the Commission and granted on October 18, 1973.

The Commission raises only the issue of whether it has the authority to order that damages be paid for mental anguish, humiliation, inconvenience and disruption of normal family life suffered as a result of the Straws’ unlawful discrimination. In the case of Pennsylvania Human Relations Commission v. Zamantakis, 478 Pa. 454, 387 A.2d 70 (1978), we held that our Legislature has not conferred such authority upon the Commission.

Order affirmed.

ROBERTS, J., filed a Dissenting Opinion in which NIX, J., joins. MANDERINO, J., filed a Dissenting Opinion.

1 . Act of October 27, 1955, P.L. 744, § 1 as amended, 43 g.S. § 951 et seq.

2 . Straw v. Pennsylvania Human Relations Commission, 10 Pa. Cmwlth. 99, 308 A.2d 619 (1973).