Enforcement by private persons.

Seattle Mun. Code § 14.06.040

in effect

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.)

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_CH14.06UNPUACPR_14.06.040ENPRPEFetched: 11/1/2026