Amendments to Washington’s Fair Chance Act will become effective in 2026. The changes will further restrict an employer’s ability to seek or rely upon an employee or applicant’s criminal record.
Key Takeaways for Employers – Five Major Updates:
- Employers may not obtain information about an applicant’s criminal record until the employer determines the applicant is otherwise qualified and makes an offer of employment conditioned on obtaining the applicant’s criminal record.
- Employers may not reject applicants for failing to disclose a criminal record before they receive a conditional offer of employment.
- With limited exception, Employers may not take a tangible adverse employment action based on an applicant’s or employee’s arrest record or juvenile conviction record.
- Employers may not carry out a tangible adverse employment action solely based on an applicant’s or employee’s adult conviction record, unless the employer has a legitimate business reason for taking such action, provides the applicant or employee notice, and gives the applicant or employee an opportunity to provide additional information. If the employer does take a tangible adverse employment action, they must provide the applicant or employee with a written decision.
- Employers must provide applicants with certain disclosures if an applicant voluntarily discloses information about their criminal record during the application process.
Who Is Affected:
Nearly all Washington employers, with limited exception.
When It Takes Effect:
- July 1, 2026, for employers with 15 or more employees.
- January 1, 2027, for employers with fewer than 15 employees.
What Employers Should Do Now:
- Review all job postings and hiring documents.
- Update all hiring policies and practices to comply with the upcoming changes.
- Train HR staff on new obligations and potential liability for noncompliance.
Williams Kastner Can Help
Our Labor & Employment Team is available to assist in navigating these changes, ensuring your hiring practices remain compliant, defensible, and aligned with your operational goals.
Stay tuned for information on our upcoming Labor & Employment seminar this spring! We will share details as soon as they are available.