Washington Likely to Strengthen Fair Chance Law

The Washington legislature has passed a law that would enhance criminal background screening protections for job applicants and employees. Washington Gov. Bob Ferguson has until April 22 to sign or veto the bill.

The Washington Fair Chance Act, in effect since 2018, already prohibits employers from including questions about criminal history on job applications, using language in job postings that excludes people with criminal records from applying, and implementing policies that automatically or categorically exclude individuals with criminal records.

H.B. 1747 would add to these protections by:

• Prohibiting inquiries into criminal history until an employer has made a conditional job offer;
• Barring employers from denying employment or taking other adverse action against an individual based on their arrest record (with certain exceptions) or juvenile conviction record;
• Prohibiting adverse employment action based on an applicant or employee’s adult conviction record without a legitimate business reason; and
• Requiring employers to provide notice and an opportunity for an applicant or employee to respond before taking an adverse employment action on the basis of criminal background information.

A legitimate business reason for taking adverse action based on an individual’s adult conviction record means that the employer believes in good faith that the conduct underlying the conviction will have a negative impact on their fitness or ability to perform the job, or will cause harm to people, property, business reputation or business assets. In making this determination, the employer must consider:

• The seriousness of the conduct;
• The number and types of convictions;
• The time that has elapsed since conviction, excluding periods of incarceration;
• Any verifiable information the individual provides related to their rehabilitation, good conduct, work experience, education and training;
• The duties and responsibilities of the position; and
• The place and manner in which the position will be performed.

Employers that violate the law may face penalties up to:

• $1,500 per aggrieved applicant or employee for a first violation;
• $3,000 per aggrieved applicant or employee for a second violation; and
• $15,000 per aggrieved applicant or employee for each subsequent violation.

If signed, the compliance requirements will take effect July 1, 2026, for employers with 15 or more employees, and January 1, 2027, for employers with fewer than 15 employees.