§ 14.04.185. Enforcement by private persons.

A.

Any person who claims to have been injured by an unfair employment practice may commence a civil action in Superior Court or any other court of competent jurisdiction, not later than three (3) years after the occurrence of the alleged unfair employment practice or ninety (90) days after a determination of reasonable cause by the Director, whichever occurs last, to obtain appropriate relief with respect to such unfair employment practice. In an action brought under this section, the court having jurisdiction may, upon written findings by the judge that the action was frivolous and advanced without reasonable cause, require the nonprevailing party to pay the prevailing party the reasonable expenses, including attorneys fees, incurred in opposing such action pursuant to RCW 4.84.185.

B.

A complaint may be filed under this section whether or not an administrative charge has been filed under SMC Section 14.04.090, and without regard to the status of such charge, but if the Department has obtained a pre-finding or post-finding settlement or conciliation agreement with the consent of the charging party, no action may be filed under this section with respect to the alleged unfair employment practice which forms the basis for such complaint except for the purpose of enforcing the terms of the agreement. To preclude such filing, the charging party must be provided with written notice that consent to a pre-finding or post-finding settlement or conciliation agreement will terminate the charging party's right to file a civil action under this section.

C.

1.

Subject to the provisions of subsection C2, upon the filing of a civil action involving the same claim or arising from the same facts and circumstances, whether under this subchapter or similar law, a complaint of an unfair employment practice may be administratively closed by the Director.

2.

In the event that a court dismisses a private cause of action on grounds that would not preclude pursuit of a charge under this subchapter, the charging party may request, within ninety (90) days of the entry of the Court's order of dismissal, that the Department reopen a previously filed charged. Upon such request, the Director may reopen a case that was administratively closed upon the filing of a civil action. If the Department closes a case based on a "no reasonable cause" finding, the case shall not be reopened except as provided through appeal pursuant to SMC Section 14.04.030.

3.

No complainant or aggrieved person may secure relief from more than one (1) governmental agency, instrumentality or tribunal for the same harm or injury.

4.

Where the complainant or aggrieved person elects to pursue simultaneous claims in more than one (1) forum, the factual and legal determinations issued by the first tribunal to rule on the claims may, under the doctrines of "res judicata" or "collateral estoppel," be binding on all or portions of the claims pending before other tribunals.

5.

No civil action may be commenced under this section with respect to an alleged unfair employment practice which forms the basis of a complaint if a hearing on the record has been commenced by The City of Seattle Office of the Hearing Examiner. To preclude such filing, a charging party must be provided with written notice at least thirty (30) days prior to the commencement of a hearing before The City of Seattle Office of the Hearing Examiner that the commencement of such a hearing will terminate the charging party's right to file a civil action.

D.

In a civil action under this section, if the court, or jury, finds that an unfair employment practice has occurred, the court may grant such relief as may be awarded by the hearing examiner under this chapter or is authorized by the Washington Law Against Discrimination, Chapter 49.60 RCW, as amended. Damages awarded under this section for humiliation and mental suffering are not subject to the limitation of SMC Section 14.04.140 A or SMC Section 14.04.150 B.

E.

Upon time application, the City Attorney may intervene in such civil action, if the City Attorney certifies that the case is of general public importance, and may obtain such relief as would be available in an action brought under SMC Sections 14.04.140 and 14.04.180. Such intervention shall not be permitted in an action in which the City is a defendant.

F.

It is the intent of The City of Seattle, in enacting this section, to provide private judicial remedies for violations of this chapter that are as expansive as possible consistent with the powers granted by the Constitution and Laws of The State of Washington. In the event that any provision or aspect of this section is adjudicated to be invalid or unenforceable under applicable law, the validity or enforceability of the remaining provisions shall be unaffected.

(Ord. 119678 § 2, 1999; Ord. 119379 § 1, 1999.)