Effective July 1, 2026, Washington employers with 15 or more employees are subject to significant changes under the state’s amended Fair Chance Act. The new requirements further expand protections for job applicants with criminal records and introduce additional obligations for employers that use criminal background checks during the hiring process. Employers with fewer than 15 employees will need to comply beginning January 1, 2027.
Washington’s Fair Chance
While Washington has long prohibited employers from asking about criminal history too early in the hiring process, the amended law goes a step further by requiring employers to wait until after making a conditional offer of employment before obtaining or considering criminal history information. This applies unless a specific legal exemption exists.
The law also strengthens protections by requiring employers to evaluate criminal history on an individualized basis rather than relying on blanket policies that automatically disqualify applicants with convictions. Employers must have a legitimate business reason for taking adverse action based on an applicant’s criminal record.
Employer Responsibilities
In addition to delaying criminal background inquiries until after a conditional offer, employers should be aware of several Fair Chance requirements:
- Criminal history cannot be requested or obtained before a conditional offer is made.
- Job postings may not discourage individuals with criminal records from applying through statements such as “no felons” or similar language.
- Employers may not automatically reject applicants based solely on an adult conviction record without first conducting an individualized assessment.
- Before making a final employment decision based on criminal history, employers must notify the applicant of the record being considered and provide at least two business days for the individual to respond, correct inaccuracies, or provide information regarding rehabilitation, education, work history, or other mitigating factors.
- If adverse action is ultimately taken, employers must provide written documentation explaining the legitimate business reason for the decision and how the relevant factors were considered.
Employer Guidance
For employers hiring in Washington, now is the time to review hiring practices, employment applications, interview procedures, and background screening workflows. Organizations should ensure criminal history inquiries occur at the appropriate stage of the hiring process and that hiring managers understand the new documentation and assessment requirements.
Employers working with a background screening provider should also confirm their screening process aligns with Washington’s updated timeline and adverse action requirements. A compliant background screening process can help reduce legal risk while supporting consistent and fair hiring decisions.
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As Fair Chance laws continue to evolve across the country, maintaining a compliant hiring program can become increasingly complex, especially for organizations hiring in multiple states. GIS is here to help employers navigate changing regulations by providing compliant background screening solutions, educational resources, and responsive support. Our team is committed to helping clients stay informed, reduce compliance risk, and build hiring programs that are both effective and legally compliant.
If you have questions or concerns about how these laws may effect your organization, please contact us.