Washington Fair Chance Act and Disclosure

A Guide for Employers & Job Applicants

What is the Fair Chance Act?

The Washington Fair Chance Act - RCW chapter 49.94 - protects job applicants with a criminal record. The law prohibits employers from automatically or categorically excluding workers from consideration before determining that they are otherwise qualified for the position. The law went into effect in June 2018.

Requirements

Job Advertisements

Employers* may not advertise job openings in a way that excludes people with criminal records from applying. A job announcement cannot state “no felons,” “no criminal backgrounds,” or communicate a similar message.

Job Applications

Job applications may not include any question seeking information about an applicant’s criminal record.

Hiring Process

Until there is an initial determination that an applicant is otherwise qualified for the position, Washington employers may not:

1. Inquire verbally or in writing about an applicant’s criminal record;

2. Receive information through a criminal history background check;

3. Otherwise obtain information about an applicant’s criminal record; or

4. Implement policies or practices that automatically or categorically exclude job applicants with a criminal record, including rejecting applicants for failure to disclose a criminal record.

Filing a Complaint

You can file a complaint about a potential violation of the Fair Chance Act with the Attorney General’s Office by emailing us at [email protected], calling (833) 660-4877, or using the online form linked at the bottom of our Fair Chance Act webpage at www.atg.wa.gov/fair-chance-act. A staff member will follow up with you. Anyone may file a complaint under the Fair Chance Act, not only job applicants.

*The Fair Chance Act does not apply to employers hiring someone who will or may have unsupervised access to children under 18, vulnerable adults, or vulnerable persons, as defined by law; law enforcement or criminal justice agencies; financial institutions; national or registered securities entities; employers seeking non-employee volunteers; or other employers who are permitted or required by law to ask about and consider information about an applicant’s criminal record for employment purposes.

Persons with disabilities can request this material be provided in an alternative format by calling the WA Attorney General’s Accessibility Coordinator at (360) 586-7696 or by filling out an online form at www.atg.wa.gov/ago-accessibility-policy.

WASHINGTON FAIR CHANCE ACT DISCLOSURE

The Washington Fair Chance Act (RCW 49.94) provides protections for applicants and employees with criminal records.

Under Washington law:

• Employers must not request, obtain, or consider criminal record information until after determining that an applicant is otherwise qualified and extending a conditional offer of employment, unless otherwise permitted by law.

• Employers must not maintain policies or practices that automatically exclude individuals with criminal records from consideration for employment.

• Arrest records and juvenile conviction records generally may not be used as the basis for adverse employment decisions.

• If an Employer considers an adult conviction record in connection with an employment decision, the Employer must have a legitimate business reason and must consider factors including:

--- The seriousness of the conduct;

--- The nature and number of convictions;

--- The amount of time that has passed since the conviction;

--- Evidence of rehabilitation, education, training, work history, or other mitigating information;

--- The duties and responsibilities of the position; and

--- The place and manner in which the work is performed.

• Before taking adverse action based on criminal record information, the Employer and/or the third party background check vendor must provide notice identifying the record being considered and allow the individual a reasonable opportunity to respond, provide additional information, or correct inaccuracies. The employer must hold the job open for at least two business days to allow the applicant or employee to explain the record or provide information about rehabilitation, good conduct, work experience, education or training.

• If an adverse employment decision is made after consideration of criminal history information, the Employer must provide the individual with a written decision that includes documentation regarding the Employer’s consideration of the relevant factors, including the impact of the conviction on the position/business. This decision must also include information about the Employer’s consideration of the applicant's or employee's rehabilitation, good conduct, work experience, education, and training.

This disclosure is provided in accordance with the Washington Fair Chance Act. Applicants and employees should review the Washington Attorney General Fair Chance Act Guide, above, for additional information regarding their rights and protections under the law.