UNFAIR PUBLIC ACCOMMODATIONS PRACTICES

SEA-MC tit. 14, ch. 14.06

in effect

Seattle Mun. Code § 14.06.010 Short title and purposes.

14.06.010 - Short title and purposes. A. This chapter shall be known as and may be cited as the "Public Accommodations Ordinance." The general purposes of this chapter are to assure all persons equal opportunity to the full enjoyment of places of public accommodation, to eliminate and to prevent unlawful discrimination in places of public accommodation and to provide enforcement mechanisms for the accomplishment of such purposes. The provisions of this chapter shall be liberally construed to accomplish these purposes. The Seattle Office for Civil Rights shall enforce the provisions of this chapter to further this policy. B. This chapter shall not be construed to endorse specific beliefs, practices or lifestyles. C. Nothing in this chapter shall be deemed to deny any person the right to institute any action or to pursue any civil or criminal remedy for the violation of such person's civil rights. D. To avoid duplication of efforts or otherwise conserve agency resources, the Director may suspend or close a case for any reason consistent with this chapter, including the reason that the case is being actively pursued in another forum. The commencement of a civil action by the Department to enjoin any unfair practice in violation of this chapter shall not preclude the initiation or continuation of administrative proceedings under this chapter. E. Remedies under this chapter should include such relief authorized by law as may be appropriate and reasonable to provide appropriate temporary or preliminary relief as well as to make the aggrieved person whole and eliminate the unfair practice. F. Nothing contained in this chapter is intended to be nor shall be construed to create or form the basis for any liability on the part of the City, or its officers, employees or agents, for any injury or damage resulting from or by reason of any act or omission in connection with the implementation or enforcement of this chapter on the part of the City by its officers, employees or agents. (Ord. 121593 § 29, 2004.)

Seattle Mun. Code § 14.06.020 Definitions

14.06.020 - Definitions Definitions as used in this Chapter 14.06, unless additional meaning clearly appears from the context, shall have the meanings subscribed: "Aggrieved person" includes any person who: 1. Claims to have been injured by an unfair practice prohibited by this Chapter 14.06; or 2. Believes that they will be injured by an unfair practice prohibited by this Chapter 14.06 that is about to occur. "Caste" means a system of rigid social stratification characterized by hereditary status, endogamy, and social barriers sanctioned by custom, law, or religion. "Charge" means a claim or set of claims alleging an unfair practice or practices prohibited under this chapter. "Charging party" means any person who files a charge alleging an unfair practice under this chapter, including the Director. "City" means The City of Seattle. "City department" means any agency, office, board or commission of the City, or any department employee acting on its behalf, but shall not mean a public corporation chartered under Ch. 3.110 SMC, or any contractor, consultant, or concessionaire or lessee. "Commission" means the Seattle Human Rights Commission. "Department" means the Seattle Office for Civil Rights. "Director" means the Director of the Seattle Office for Civil Rights or the Director's designee. "Disabled" means a person who has a disability. "Disability" 1. "Disability" means the presence of a sensory, mental, or physical impairment that: a. Is medically cognizable or diagnosable; or b. Exists as a record or history; or c. Is perceived to exist whether or not it exists in fact. 2. A disability exists whether it is temporary or permanent, common or uncommon, mitigated or unmitigated, or whether or not it limits the ability to work generally or work at a particular job or whether or not it limits any other activity within the scope of this chapter. 3. For purposes of this definition, "impairment" includes, but is not limited to: a. Any physiological disorder, or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitor-urinary, hemic and lymphatic, skin, and endocrine; or b. Any mental, developmental, traumatic, or psychological disorder, including but not limited to cognitive limitation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. "Discriminate" means to do any act which constitutes discrimination. "Discrimination" means any conduct, whether by single act or as part of a practice, the effect of which is to adversely affect or differentiate between or among individuals or groups of individuals, because of race, color, creed, religion, ancestry, caste, national origin, citizenship or immigration status, age, sex, marital status, parental status, sexual orientation, gender identity, political ideology, honorably discharged veteran or military status, participation in a Section 8 program, the presence of any disability, the use of a service animal by a disabled person, an individual's actual, potential, perceived, or alleged pregnancy outcomes as defined in Section 14.04.030, or the right of a mother to breastfeed her child. "Discrimination" includes harassment, such as racial and sexual harassment, as well as harassment based on other protected classes. "Full enjoyment of" means the right to purchase any service, commodity, or article of personal property offered or sold on, or by, any establishment to the public, and the admission of any person to accommodations, advantages, facilities, or privileges of any place of public resort, accommodation, assemblage, or amusement, free of discrimination as defined in this chapter. "Gender identity" means a person's gender-related identity, appearance, or expression, whether or not traditionally associated with one's biological sex or one's sex at birth, and includes a person's attitudes, preferences, beliefs, and practices pertaining thereto. "Hearing Examiner" means the Seattle Hearing Examiner. "Marital status" means the presence or absence of a marital relationship and includes the status of married, separated, divorced, engaged, widowed, single or cohabiting. "Owner" means any person who owns, leases, subleases, rents, operates, manages, has charge of, controls or has the right of ownership, possession, management, charge, or control of real property on their own behalf or on behalf of another. "Parental status" means being a parent, step-parent, adoptive parent, guardian, foster parent or custodian of a minor child or children under the age of 18 years, or the designee with written permission of a parent or other person having legal custody of a child or children under the age of 18 years which child or children shall reside permanently or temporarily or shall seek full enjoyment of any place of public accommodation with such parent or other person. In addition, parental status shall refer to any person who is pregnant or who is in the process of acquiring legal custody of a minor child under the age of 18 years. "Party" means the person charging or making a charge or complaint or upon whose behalf a complaint is made alleging an unfair practice, the person alleged or found to have committed an unfair practice, and the Seattle Office for Civil Rights. "Person" means one or more individuals, partnerships, organizations, trade or professional associations, corporations, legal representatives, trustees, trustees in bankruptcy and receivers. It includes any owner, lessee, proprietor, manager, agent or employee whether one or more natural persons, and any political or civil subdivision or agency or instrumentality of the City. "Place of public accommodation" means any place, licensed or unlicensed, where the public gathers, congregates, or assembles for amusement, recreation or public purposes, or any place, store, or other establishment which supplies goods or services with or without charge to the general public. "Place of public accommodation" includes, but is not limited to, the following types of services or facilities: hotels, or other establishments which provide lodging to transient guests; restaurants, cafeterias, lunchrooms, lunch counters, soda fountains or other facilities principally engaged in selling or offering for sale food for consumption upon or off the premises; public restrooms; public elevators; motion picture houses, theatres, concert halls, sport arenas, stadiums or other places of exhibition or entertainment; bowling alleys, pool halls, arcades and amusement parks; retail establishments; transportation carriers; barber shops and beauty shops; bars or taverns or other facilities engaged in selling or offering for sale alcoholic beverages for consumption upon the premises; and public burial facilities. "Political ideology" means any idea or belief, or coordinated body of ideas or beliefs, relating to the purpose, conduct, organization, function or basis of government and related institutions and activities, whether or not characteristic of any political party or group. This term includes membership in a political party or group and includes conduct, reasonably related to political ideology, which does not cause substantial and material disruption of the property rights of the provider of a place of public accommodation. "Race" is inclusive of traits historically associated or perceived to be associated with race including, but not limited to, hair texture and protective hairstyles. For purposes of this definition, "protective hairstyles" includes, but is not limited to, such hairstyles as afros, braids, locks, and twists. "Respondent" means any person who is alleged or found to have committed an unfair practice prohibited by this Chapter 14.06. "Service animal" means an animal that does work for, performs tasks for, or provides medically necessary support for the benefit of an individual with a disability. "Sexual orientation" means actual or perceived male or female heterosexuality, bisexuality, or homosexuality, and includes a person's attitudes, preferences, beliefs and practices pertaining thereto. "Honorably discharged veteran or military status" means: 1. A veteran, as defined in RCW 41.04.007; or 2. An active or reserve member in any branch of the armed forces of the United States, including the national guard, coast guard, and armed forces reserves. "The right of a mother to breastfeed her child" means a mother's right to feed her child directly with milk from her breast or to pump milk from her breast for future consumption by her child, without being required to cover her breast or to move to a particular location within or outside of the public accommodation on account of the act of breastfeeding. (Ord. No. 126767, § 11, 2023; Ord. 126649, § 10, 2022; Ord. 126627, § 6, 2022; Ord. 126514, § 11, 2021; Ord. 125576, § 3, 2018; Ord. 124829, § 3, 2015; Ord. 123863, § 1, 2012; Ord. 123527, § 5, 2011; Ord. 123014, § 4, 2009; Ord. 121593, § 29, 2004.)

Seattle Mun. Code § 14.06.030 Unfair practices

14.06.030 - Unfair practices A. Unfair practices as defined in this chapter are contrary to the public peace, health, safety and general welfare and are prohibited by the City in the exercise of its police power. B. It is an unfair practice for any person to discriminate in a place of public accommodation by: 1. Requiring, directly or indirectly, any person to pay a larger sum than the usual uniform rates; or 2. Refusing or withholding admission, patronage, custom, presence, frequenting, dwelling, staying, or lodging; or 3. Denying, directly or indirectly, the full enjoyment of any available goods, services, accommodations, facilities, privileges, or advantages; or 4. Printing, circulating, issuing, displaying, posting, mailing, or otherwise causing, directly or indirectly, to be published a statement, advertisement, or sign that indicates directly or indirectly that the full enjoyment of the goods, services, facilities, privileges, advantages, and accommodations will be refused, withheld, denied, or in some manner limited or restricted or that an individual's patronage of or presence at a place of public accommodation is objectionable, unwelcome, unacceptable, or undesirable; or 5. Harassing, intimidating, or otherwise abusing any person or person's friends or associates because of race, color, creed, religion, ancestry, caste, national origin, citizenship or immigration status, age, sex, marital status, parental status, sexual orientation, gender identity, political ideology, honorably discharged veteran or military status, participation in a Section 8 program, the presence of any disability, the use of a trained dog guide or service animal by a disabled person, an individual's actual, potential, perceived, or alleged pregnancy outcomes as defined in Section 14.04.030, or a mother breastfeeding her child with the purpose or effect of denying to such person the rights granted in this Chapter 14.06; or 6. Harassing, intimidating, retaliating, or obstructing a person in any manner because such person complied with or proposed to comply with this Chapter 14.06 or any order issued under this Chapter 14.06, or filed a charge or complaint, testified, or assisted in any investigation, proceeding or hearing under this Chapter 14.06; or 7. Coercing, intimidating, threatening, or otherwise interfering with any person in the exercise or enjoyment of or on account of such person having aided or encouraged any other person in the exercise or enjoyment of any right granted or protected under this Chapter 14.06; or 8. Applying any economic sanctions or denying membership privileges because of compliance with this Chapter 14.06; or 9. Aiding, abetting, inciting, compelling, or coercing the doing of any act defined in this Chapter 14.06 to be an unfair practice; or 10. Attempting to commit any act defined in this Chapter 14.06 to be an unfair practice; or 11. Denying, directly or indirectly, an individual's right to use gender-specific restrooms and other gender-specific facilities in places of public accommodation including but not limited to dressing rooms, locker rooms, homeless shelters, and group homes that are consistent with the individual's gender identity or expression. C. Compliance with conditions and limitations established by law and applicable to all persons regardless of race, color, creed, religion, ancestry, national origin, age, sex, marital status, parental status, sexual orientation, gender identity, political ideology, honorably discharged veteran or military status, participation in a Section 8 program, the presence of a disability, or the use of a service animal by a disabled person is not an unfair practice under this Section 14.06.030. D. Exemptions. Nothing in this Chapter 14.06 shall be construed to: 1. Apply to any non-commercial facility operated or maintained by a bona fide religious institution; 2. Include or apply to any institute, bona fide club, or place of accommodation which is by its nature distinctly private, provided, however, when or where public use is permitted that use shall be covered under this Chapter 14.06; 3. Prohibit treating disabled persons more favorably than non-disabled persons; 4. Prohibit offering discounts, special prices, or other special arrangements for minor children, families, or senior citizens, or imposing age limits up to the age of 21; 5. Protect criminal conduct; or 6. Prohibit taking any actions reasonably necessary to protect persons or property. 7. Apply when a distinction or differential treatment on the basis of citizenship or immigration status is authorized by federal or state law, regulation, rule, or government contract. (Ord. No. 126767, § 12, 2023; Ord. 126649, § 11, 2022; Ord. 126627, § 7, 2022; Ord. 126514, § 12, 2021; Ord. 124829, § 6, 2015; Ord. 123863, § 2, 2012; Ord. 123014, § 5, 2009; Ord. 121593, § 29, 2004.)

Seattle Mun. Code § 14.06.040 Enforcement by private persons.

14.06.040 - Enforcement by private persons. A. Any charging party or aggrieved person may commence a civil action in King County Superior Court or any other court of competent jurisdiction not later than two (2) years after the occurrence or termination of an alleged unfair practice, whichever occurs last, to obtain appropriate relief with respect to such unfair practice. B. The computation of such two-year period shall not include any time during which an administrative proceeding under this chapter was pending with respect to a complaint or charge under this chapter alleging an unfair practice based on the same facts or occurrences. For purposes of this subsection, an "administrative proceeding" begins with the filing of a charge with the Department and ends with the completion of an appeal filed with the Commission or a final order issued by the Director, whichever occurs last. C. A civil complaint may be filed under this section whether or not an administrative charge has been filed under SMC 14.06.060. No civil action may be commenced under this section with respect to an alleged unfair practice that forms the basis of a complaint if the Hearing Examiner's Office has commenced a hearing on the record. The City Attorney's Office shall provide written notice to the charging party at least 30 days prior to the commencement of a hearing before the Hearing Examiner that the commencement of such a hearing will terminate the charging party's right to file a civil action. D. Any person who claims to have been injured by, or believes that he or she will be injured by an unfair practice that is the subject matter of the civil action filed under this section may intervene as of right in the civil action. E. (1) Subject to the provisions of subsection E(2), upon the filing of a civil action involving the same claim or arising from the same facts and circumstances, whether under this chapter or similar law, a charge of an unfair practice may be administratively closed by the Director. Upon request by a charging party, the Director may keep a charge of unfair practice open pending commencement of a trial in a civil action. (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 90 days of the entry of the court's order of dismissal, that the Department reopen a previously filed charge. Upon such request, the Director may reopen a case that was administratively closed upon the filing of a civil action. (3) No charging party or aggrieved person may secure relief from more than one governmental agency, instrumentality or tribunal for the same harm or injury. F. In a civil action under this section, if the court finds that an unfair practice has occurred or is about to occur, the court may grant as relief, as it deems appropriate, any permanent or temporary injunction, temporary restraining order, or other order, including an order enjoining the defendant from engaging in such practice or ordering such affirmative action as may be appropriate. The court may also award actual damages, including damages for humiliation and mental suffering, damages for loss of the right to be free from discrimination in places of public accommodation, and any other appropriate remedy. The court may also allow reasonable attorney's fees and costs to the prevailing party. G. Upon timely 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 14.06.110. H. 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. (Ord. 121593 § 29, 2004.)

Seattle Mun. Code § 14.06.050 Charge—Filing

14.06.050 - Charge—Filing A. An aggrieved person may, not later than one year after an alleged unfair practice has occurred or terminated, file a charge with the Director alleging such unfair practice. The charge shall be in writing and signed under oath or affirmation before the Director, one of the Department's employees, or any other person authorized to administer oaths. The charge shall describe the alleged unfair practice and should include a statement of the dates, places and circumstances, and the persons responsible for such acts and practices. Upon the filing of a charge alleging an unfair practice, the Director shall cause to be served upon the charging party a written notice acknowledging the filing, and notifying the charging party of the time limits and choice of forums provided in this Chapter 14.06. B. A charge shall not be rejected as insufficient because of failure to include all required information if the Department determines that the charge substantially satisfies the informational requirements necessary for processing. C. A charge alleging an unfair practice or pattern of unfair practices under this chapter may also be filed by the Director whenever the Director has reason to believe that any person has been engaged or is engaging in an unfair practice under this chapter. (Ord. 125576, § 4, 2018; Ord. 121593 § 29, 2004.)

Seattle Mun. Code § 14.06.060 Charge—Amendments.

14.06.060 - Charge—Amendments. A. The charging party or the Department may amend a charge: 1. To cure technical defects or omissions; 2. To clarify allegations made in the charge; 3. To add allegations related to or arising out of the subject matter set forth or attempted to be set forth in the charge; or 4. To add as a charging party a person who is, during the course of the investigation, identified as an aggrieved person; or 5. To add or substitute as a respondent a person who was not originally named as a respondent, but who is, during the course of the investigation, identified as a respondent. For jurisdictional purposes, such amendments shall relate back to the date the original charge was first filed. B. The charging party may amend a charge to include allegations of retaliation that arose after the filing of the original charge. Such amendment must be filed within one hundred eighty (180) days after the occurrence of the retaliation, and prior to the Department's issuance of findings of fact and determination with respect to the original charge. Such amendments may be made at any time during the investigation of the original charge so long as the Department will have adequate time to investigate the additional allegations and the parties will have adequate time to present the Department with evidence concerning the additional allegations before the issuance of findings of fact and a determination. C. When a charge is amended to add or substitute a respondent, the Director shall serve upon the new respondent within twenty days: 1. The amended charge; 2. The notice required under section 14.06.070(A); and 3. A statement of the basis for the Director's belief that the new respondent is properly named as a respondent. For jurisdictional purposes, amendment of a charge to add or substitute a respondent shall relate back to the date the original charge was first filed. (Ord. 121593 § 29, 2004.)

Seattle Mun. Code § 14.06.070 Notice of charge and investigation.

14.06.070 - Notice of charge and investigation. A. The Director shall promptly, and in any event within twenty (20) days of filing of the charge, cause to be served on or mailed, by certified mail, return receipt requested, to the respondent, a copy of the charge along with a notice advising the respondent of respondent's procedural rights and obligations under this chapter. A respondent may file with the Department an answer to the charge no later than ten (10) days after receiving notice of the charge. The Director shall promptly investigate the charge. B. The investigation shall be directed to ascertain the facts concerning the unfair practice alleged in the charge, and shall be conducted in an objective and impartial manner. C. During the period beginning with the filing of the charge and ending with the issuance of the findings of fact, the Department shall, to the extent feasible, engage in settlement discussions with respect to the charge. A pre-finding settlement agreement arising out of the settlement discussions shall be an agreement between the respondent and the charging party, and is subject to approval by the Director. Each pre-finding settlement agreement is a public record. Failure to comply with the pre-finding settlement agreement may be enforced under SMC 14.06.130. D. During the investigation the Director shall consider any statement of position or evidence with respect to the allegations of the charge which the charging party or the respondent wishes to submit, including the respondent's answer to the charge. The Director shall have authority to sign and issue subpoenas requiring the attendance and testimony of witnesses, the production of evidence including but not limited to books, records, correspondence or documents in the possession or under the control of the person subpoenaed, and access to evidence for the purpose of examination and copying, and conduct discovery procedures which may include the taking of interrogatories and oral depositions. E. The Director may require a fact finding conference or participation in another process with the respondent and any of respondent's agents and witnesses and charging party during the investigation to define the issues, determine any undisputed elements, resolve any issues, and afford an opportunity to discuss or negotiate settlement. Parties may have their legal counsel present if desired. (Ord. 121593 § 29, 2004.)

Seattle Mun. Code § 14.06.080 Findings of fact and determination of reasonable cause or no reasonable cause.

14.06.080 - Findings of fact and determination of reasonable cause or no reasonable cause. A. The results of the investigation shall be reduced to written findings of fact and a determination shall be made by the Director that there is or is not reasonable cause for believing that an unfair practice has been, is being or is about to be committed, which determination shall also be in writing and issued with the written findings of fact. The findings and determination are "issued" when signed by the Director. B. The findings of fact and determination shall be mailed promptly to the respondent and charging party. C. Once issued to the parties, the Director's findings of fact, determination and order may not be amended or withdrawn except upon the agreement of the parties or in response to an order by the Commission after an appeal taken pursuant to Section 14.06.090; provided, that the Director may correct clerical mistakes or errors arising from oversight or omission upon a motion from a party or upon the Director's own motion. (Ord. 121593 § 29, 2004.)

Seattle Mun. Code § 14.06.090 Determination of no reasonable cause—Appeal from and dismissal.

14.06.090 - Determination of no reasonable cause—Appeal from and dismissal. If a determination is made that there is no reasonable cause for believing an unfair practice under this chapter has been, is being or is about to be committed, the charging party may appeal such determination to the Commission within 30 days of the date the determination is signed by the Director by filing a written statement of appeal with the Commission. The Commission shall promptly deliver a copy of the statement to the Department and respondent and shall promptly consider and act upon such appeal by either affirming the Director's determination or, if the Commission believes the Director should investigate further, remanding it to the Director with a request for specific further investigation. In the event no appeal is taken or such appeal results in affirmance or if the Commission has not decided the appeal within 90 days from the date the appeal statement is filed, the determination of the Director shall be final and the charge deemed dismissed and the same shall be entered on the records of the Department. Any party aggrieved by the final dismissal may appeal the order on the record to an appropriate court. (Ord. 123864, § 2, 2012; Ord. 121593 § 29, 2004.)

Seattle Mun. Code § 14.06.100 Determination of reasonable cause—Conciliation.

14.06.100 - Determination of reasonable cause—Conciliation. A. If the Director determines that reasonable cause exists to believe that an unfair practice has occurred, is occurring or is about to occur, the Director shall endeavor to eliminate the unfair practice through efforts to reach conciliation. Conditions of conciliation may include, but are not limited to, the elimination of the unfair practice, affirmative recruiting or advertising measures, payment of actual damages, damages for loss of the right to full enjoyment of any place of public accommodation, and reasonable attorney's fees and costs or such other remedies that will carry out the purposes of this chapter, including remedies which could be ordered by a court, except that damages for humiliation and mental suffering shall not exceed Ten Thousand Dollars ($10,000.00). B. Any post-finding conciliation agreement shall be an agreement between the charging party and the respondent and shall be subject to the approval of the Director. The Director shall enter an order setting forth the terms of the agreement which may include a requirement that the parties report to the Director on the matter of compliance. Copies of such order shall be delivered to all affected parties. C. If conciliation fails and no agreement can be reached, the Director shall issue a written finding to that effect and furnish a copy of the finding to the charging party and to the respondent. Upon issuance of the finding, except a case in which a City department is a respondent, the Director shall promptly cause to be delivered the entire investigatory file, including the charge and any and all findings made, to the City Attorney for further proceedings under SMC 14.06.110. (Ord. 121593 § 29, 2004.)

Seattle Mun. Code § 14.06.110 Complaint and hearing.

14.06.110 - Complaint and hearing. A. Following submission of the investigatory file from the Director, the City Attorney shall, except as set forth in subsection B of this section, prepare a complaint against such respondent relating to the charge and facts discovered during the Department's investigation. The City Attorney shall file the complaint with the Hearing Examiner in the name of the Department and represent the interests of the Department and the City at all subsequent proceedings. B. If the City Attorney determines that there is no legal basis for a complaint to be filed or proceedings to continue, a statement of the reasons therefor shall be filed with the Department. The Director shall then dismiss the charge. Any party aggrieved by the dismissal may appeal the dismissal to an appropriate court. C. The City Attorney shall serve a copy of the complaint on respondent and furnish a copy of the complaint to the charging party and to the Department. D. Within twenty (20) days of the service of such complaint upon it, the respondent shall file its answer with the Hearing Examiner and serve a copy of the same on the City Attorney. E. Upon the filing of the complaint, the Hearing Examiner shall promptly establish a hearing date and give notice thereof to the Commission, the City Attorney and respondent. The hearing shall commence no earlier than ninety (90) days nor later than one hundred twenty (120) days from the filing of the complaint, unless otherwise ordered by the Hearing Examiner. F. After the complaint is filed with the Hearing Examiner, it may be amended only with the permission of the Hearing Examiner, which permission shall be granted when justice will be served and all parties are allowed time to prepare their case with respect to additional or expanded charges. G. The hearing shall be conducted by the Hearing Examiner, a deputy hearing examiner or a hearing examiner pro tempore appointed by the Hearing Examiner from a list approved by the Commission, sitting alone or with Commissioners from the Commission if any are designated. Such hearings shall be conducted in accordance with written rules and procedures consistent with this chapter and the Administrative Code, Ch. 3.02 SMC. H. The Commission, within thirty (30) days after receiving the date of hearing from the Hearing Examiner, at its discretion, may appoint two (2) Commissioners who have not otherwise been involved in the charge, investigation, fact finding, or other resolution and proceeding on the merits of the case, who have not formed an opinion on the merits of the case, and who otherwise have no pecuniary, private or personal interest or bias in the matter, to hear the case with the Hearing Examiner. Each Commissioner shall have an equal vote with the Hearing Examiner. The Hearing Examiner shall be the chairperson of the panel and make all evidentiary rulings. The Hearing Examiner shall resolve any question of previous involvement, interest or bias of an appointed Commissioner in conformance with the law on the subject. Any reference in this chapter to a decision, order, or other action of the Hearing Examiner shall include, when applicable, the decision, order, or other action of a panel constituted under this subsection. (Ord. 121593 § 29, 2004.)

Seattle Mun. Code § 14.06.120 Decision and order

14.06.120 - Decision and order A. Within 30 days after conclusion of the hearing, the Hearing Examiner shall prepare a written decision and order, file it as a public record with the City Clerk, and provide a copy to each party of record and to the Department. B. Such decision shall contain a brief summary of the evidence considered and shall contain findings of fact, conclusions of law upon which the decision is based, and an order detailing the relief deemed appropriate, together with a brief statement of the reasons supporting the decision. C. In the event the Hearing Examiner or a majority of the panel composed of the Hearing Examiner and designated Commissioners determines that a respondent has committed an unfair practice under this chapter, the Hearing Examiner may order the respondent to take such affirmative action or provide for such relief as is deemed necessary to correct the practice and carry out the purpose of this Chapter 14.04 [14.06]. The Hearing Examiner may grant any relief that could be ordered by a court, including actual damages, damages for loss of the right to full enjoyment of any place of public accommodation, injunctive or equitable relief, reasonable attorney's fees and costs and any other appropriate remedy, except that damages for humiliation and mental suffering shall not exceed $10,000.00. An order may include a requirement for a report on the matter of compliance. D. Any person aggrieved by a final order of the Hearing Examiner may appeal the order on the record to an appropriate court. E. The Department in the performance of its functions may enlist the aid of all departments of City government, and all said departments are directed to fully cooperate with the Department. (Ord. 123899, § 13, 2012; Ord. 121593 § 29, 2004.)

Seattle Mun. Code § 14.06.130 Enforcement of Department and Hearing Examiner orders and agreements.

14.06.130 - Enforcement of Department and Hearing Examiner orders and agreements. A. In the event a City respondent fails to comply with any final order of the Director or of the Hearing Examiner, a copy of the order shall be transmitted to the Mayor who shall take appropriate action to secure compliance with the final order. B. In the event a respondent fails to comply with any final order issued by the Hearing Examiner not directed to the City or to any City department, the Director shall refer the matter to the City Attorney for the filing of a civil action to enforce such order. C. Whenever the Director has reasonable cause to believe that a respondent has breached a settlement or conciliation agreement, the Director shall refer the matter to the City Attorney for the filing of a civil action to enforce such agreement. D. If no action has been filed under subsection B or C of this section within ninety (90) days after referral to the City Attorney, any person entitled to relief under the final order or a party to a settlement or conciliation agreement may file a civil action in the superior court to enforce the order or agreement. (Ord. 121593 § 29, 2004.)

Seattle Mun. Code § 14.06.140 Unlawful conduct and penalties.

14.06.140 - Unlawful conduct and penalties. It is unlawful for any person to willfully resist, prevent, impede or interfere with the Director or Hearing Examiner in the performance of their duties under this chapter. A violation of this section is a misdemeanor subject to penalties as set forth in SMC 12A.02.070B. (Ord. 121593 § 29, 2004.)

Seattle Mun. Code § 14.06.150 Cooperative agreements.

14.06.150 - Cooperative agreements. Nothing in this chapter shall be interpreted to prevent the receiving, referring, or other processing of complaints, in accordance with a cooperative agreement with the Washington State Human Rights Commission as authorized and mandated by RCW 49.60.226 or with other agencies concerned with the enforcement of laws against discrimination. (Ord. 121593 § 29, 2004.)

Seattle Mun. Code § 14.06.160 Application to pending charges and complaints.

14.06.160 - Application to pending charges and complaints. The procedures for administration and enforcement under this chapter shall apply to charges pending which have not had a date certain set for hearing as of the effective date of the ordinance codified in this chapter. However, this section shall not be construed to invalidate any administrative action taken or determinations and orders made on pending charges because of the procedures provided by this chapter. (Ord. 121593 § 29, 2004.)

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=TIT14HURI_CH14.06UNPUACPRFetched: 11/1/2026