Wash. Court of Appeals published opinion — 796925.pdf

Citation: Wash. Court of Appeals published opinion — 796925.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/796925.pdf ↗

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CITY OF SEATTLE, SEATTLE OFFICE
FOR CIVIL RIGHTS, and SEATTLE DIVISION ONE
OFFICE OF LABOR STANDARDS,
No. 79692-5-I
Respondents,
PUBLISHED OPINION
v.

AMERICAN HEALTHCARE SERVICES,
INC., GIDEON OYELEKE, and the
SEATTLE HEARING EXAMINER,

Appellants.

DWYER, J. — This is an employment discrimination case involving

American Healthcare Services, Inc.’s (AHS) alleged discrimination and retaliation

against Jasmine Pope premised on her request for a reasonable accommodation

for her memory related disability. The City of Seattle (City) brought an action

against AHS, on Pope’s behalf, before a city hearing examiner, alleging

violations of Seattle’s Fair Employment Practices Ordinance, codified at chapter

14.04 Seattle Municipal Code (SMC). The hearing examiner dismissed the case

on summary judgment. The dismissal was subsequently reversed by the

superior court.

This appeal presents two questions: (1) what is the proper procedure for

seeking judicial review of decisions of Seattle hearing examiners regarding

violations of employment discrimination provisions of the SMC, and (2) did the

City proffer evidence demonstrating that a genuine dispute of material fact
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
No. 79692-5-I/2

precluded summary judgment? We hold that appeals from a Seattle hearing

examiner’s decision regarding alleged violations of chapter 14.04 SMC are

governed by the Administrative Procedure Act (APA), chapter 34.05 RCW, and

that the City presented evidence establishing a genuine dispute of material fact,

precluding summary judgment. Thus, we affirm the superior court.

I

Jasmine Pope suffers from the aftereffects of a frontotemporal craniotomy

she received in 2014 to correct multiple brain aneurysms, which include