Washington’s Fair Chance Act is evolving, and employers must prepare for significant changes that reshape how criminal history is considered in hiring and employment decisions. The law imposes stricter requirements designed to promote fairness and opportunity.
Depending on employer size the effective dates are as follows:
- July 1, 2026 for employers with 15 or more employees
- January 1, 2027 for employers with less than 15 employees
Under these updates, employers can no longer inquire about criminal history during the application or interview process. Instead, a conditional offer of employment must be extended before any background check occurs. This means job applications and interviews should remain focused on qualifications and fit, not past convictions. Automatic disqualification policies based on criminal records are prohibited and applicants cannot be rejected for failing to disclose such history prior to a conditional offer.
The law also limits adverse employment actions based solely on arrest records or juvenile convictions. For adult conviction records, employers must demonstrate a ‘legitimate business reason’ before taking action.
This involves a thoughtful, documented assessment the following six factors:
- Seriousness of the offense
- The number and types of conviction
- Time elapsed since conviction
- Evidence of rehabilitation
- Specific responsibilities of the role sought
- Place and manner in which the role will be performed
Employers must provide written notice, allow at least two business days for the individual to respond, and issue a detailed decision outlining the rationale if action is taken.
Compliance doesn’t end with hiring. These rules apply to current employees as well, requiring consistent practices across the workforce. Employers should review and update application materials, interview protocols, and background check policies now to align with the law’s requirements. Failure to comply can result in significant penalties, up to $15,000 per violation for repeat offenses, underscoring the importance of proactive planning.
The Fair Chance Act reflects a broader commitment to equity and second chances. By approaching these changes with clarity and care, employers can protect their organizations while fostering inclusive opportunities that strengthen both business and community.
ACTION:
- Audit Current Practices: Review job applications, interview scripts, and background check procedures to remove any questions about criminal history before a conditional offer.
- Update Policies and Training: Revise hiring policies and train HR teams and managers on the new requirements, including proper timing for background checks.
- Implement Conditional Offer Protocols: Establish clear steps for extending conditional offers prior to any criminal history inquiry.
- Document Decision-Making: Create a process for evaluating convictions based on legitimate business reasons and ensure written notices and response periods are built into workflows.
- Monitor Ongoing Compliance: Apply these standards consistently for both new hires and current employees, and schedule periodic reviews to stay aligned with legal updates.
Need help preparing? Equinox can guide you through policy updates, workflow redesign, and compliance planning. Reach out to our team to ensure you’re fully prepared before the new requirements take effect.
