Washington Fair Chance Act and Disclosure
★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.