Private cause of action
Seattle Mun. Code ch. 4.20, subch. III, § 4.20.870
in effect4.20.870 - Private cause of action
A. The cooperating employee may, after filing a timely and sufficient complaint with the Executive Director, pursue a private cause of action under this subchapter if one of the following conditions applies and the private cause of action is filed within 12 months of the condition being met:
1. The Executive Director has determined not to investigate because the matter is being pursued in another forum; or
2. the Executive Director has completed an investigation and determined that no reasonable cause exists to believe that retaliation occurred; or
3. the Executive Director has found that the complaint has reasonable cause, the Executive Director has determined that a joint settlement is not feasible, and the Executive Director provides notice to the parties under subsection 4.20.860.G that he or she has determined a Settlement is not feasible. In no event can a cooperating employee file a private cause of action if 30 days have passed since the Executive Director has filed a complaint with the Hearing Examiner and named the cooperating employee as an interested party.
B. When adhering to the filing requirements of subsection 4.20.870A, the Cooperating Employee injured by any retaliation in violation of this chapter shall have a civil action in a court of competent jurisdiction to enjoin further retaliation, or to recover the actual damages sustained by the person, or both. Remedies for damages include the cost of suit including reasonable attorneys' fees, without limitation; emotional distress damages not to exceed $20,000; and any other appropriate remedy authorized by this chapter, without limitation. To prove retaliation in a civil-court action, the cooperating employee has the burden to prove by a preponderance of the evidence that the employee's status as a cooperating employee was a substantial factor in the decision making process that resulted in an adverse action against the cooperating employee.
C. If the employee files a civil action, the Executive Director shall dismiss any administrative action for relief for that employee in which the charged party is an agency, but may still pursue administrative action against any employee alleged to have violated subsection 4.16.070.F.
(Ord. 124362, § 10, 2013)
Source: City of Seattle, Seattle Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/wa/seattle/codes/municipal_code?nodeId=TIT4PE_CH4.20COWOCOGE_SUBCHAPTER_IIIREHIPR_4.20.870PRCAACFetched: 11/1/2026