§ 14.08.165. Election of civil action in cases of unfair practices.  


Latest version.
  • A.

    Following the issuance of a finding of unsuccessful conciliation, any charging party on whose behalf the reasonable cause finding was made, or a respondent, may, with respect to an unfair practice under this chapter, elect to have the claims on which reasonable cause was found decided in a civil action under this section in lieu of an administrative hearing under SMC 14.08.170 and 14.08.180. This election must be made not later than thirty (30) days after service of the finding of unsuccessful conciliation. The person making such election shall give notice of doing so to the Department and to all other charging parties and respondents to whom the charge relates.

    B.

    If an election is made under subsection A of this section (except as provided in SMC 14.08.170(B)), the City Attorney shall commence, within ninety (90) days after the election is made, a civil action in the name of the Department in the King County Superior Court. In such action, if the court finds an unfair practice has occurred, the court may grant relief as would be available in an action brought under SMC 14.08.095 and damages and penalties as contemplated in SMC 14.08.180 or SMC 14.08.185.

    C.

    Any person who claims to have been injured by, or believes that he or she will be injured by an unfair practice which is the subject matter of the civil action filed under this section may intervene as of right in the civil action.

(Ord. 121593 § 21, 2004; Ord. 116818 § 20, 1993.)