Midland Heights Homes, Inc. v. Commonwealth

ROBERTS, Justice,

dissenting.

For the reasons set forth in the Opinion of the Court in Pennsylvania Human Relations Comm’n v. Alto-Reste Park Cemetery Ass’n, 453 Pa. 124, 306 A.2d 881 (1973), and in my dissenting opinions in Pennsylvania Human Relations Comm’n v. Zamantakis, 478 Pa. 454, 387 A.2d 70 (1978) (Roberts, J., joined by Nix., J., dissenting), and Pennsylvania Human Relations Comm’n v. St. Joe Minerals Corp., 476 Pa. 302, 382 A.2d 731 (1978) (Roberts, J., joined by Nix, J., dissenting), I dissent from that portion of today’s opinion holding that the PHRC is without statutory authority to award compensatory damages to victims of discrimination. Accordingly, I would reverse the order of the Commonwealth Court in part and reinstate the order of the PHRC.

Because, however, the majority affirms the order of the Commonwealth Court modifying the award of damages, the *628Court should remand the proceedings to the PHRC to allow it to enter an appropriate remedial order in light of today’s decision.

NIX, J., joins in this dissenting opinion.