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KENTUCKY COM'N ON HUMAN RIGHTS v. BARBOUR

625 S.W.2d 860 (1981)

KENTUCKY COMMISSION ON HUMAN RIGHTS and Ethel Clay, Appellants, v. Nelson BARBOUR, Appellee.

Supreme Court of Kentucky.

As Modified January 8, 1982.

Attorney(s) appearing for the Case

Galen A. Martin, Thomas A. Ebendorf, Samuel H. DeShazer, Sara L. Pratt, Kentucky Commission on Human Rights, Louisville, for appellants.

Richard A. Cullison, Covington, (amicus) curiae (NCHD).

Richard A. Cullison, Covington, Alphonse A. Gerhardstein, Laufman, Quinn & Gerhardstein, Cincinnati, Ohio, amicus curiae (H.O.M.E.).

Geneva F. Perry, Louisville, (amicus) Center for Nat. Policy Review and Metropolitan Washington Planning and Housing Ass'n.

William E. Johnson, Frankfort, for appellee.

OPINION OF THE COURT

In this case, KRS 344.230(3)(h), which provides for the award of damages by the Kentucky Commission on Human Rights for humiliation and embarrassment due to discrimination, is challenged as an unconstitutional usurpation of judicial power and an overly broad delegation of legislative power to an administrative agency.

The Commission awarded the movant, Mrs. Clay, $750 for embarrassment and humiliation resulting from the respondent Barbour...

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