| Momentum Bucket | Early Stage |
| Legal Title | AN ACT Relating to expanding protections for applicants and employees under the Washington fair chance act; |
| Bill Description | Expanding protections for applicants and employees under the Washington fair chance act. |
|
What this bill does
Powered by Legitron |
This bill amends existing Washington employment law (RCW 49.94.005, 49.94.010, and 49.94.030) to restrict how employers use criminal history in hiring and employment decisions. It bars employers from asking about or obtaining an applicant’s criminal record until the employer first determines the applicant is otherwise qualified and extends a conditional offer of employment conditioned on obtaining the record. The bill also prohibits job advertisements or policies that categorically exclude people with criminal records, forbids rejecting an applicant for failing to disclose a record before a conditional offer, and forbids taking tangible adverse employment actions based on arrest records or juvenile conviction records. Employers may take adverse action based on an adult conviction record only for a documented legitimate business reason, and only after giving notice identifying the record, holding the position open at least two business days to allow correction or explanation, and, if the employer proceeds, issuing a written decision that documents the reasoning and assessment of specified factors.
The bill defines key terms (criminal record, adult conviction record, arrest record, juvenile conviction record, otherwise qualified, tangible adverse employment action, and legitimate business reason) and lists the factors employers must consider and document when relying on an adult conviction record. It grants the state attorney general authority to enforce the chapter, including investigation, civil investigative demands, rulemaking, education, administrative sanctions, or lawsuits; allows waivers for first-time or de minimis violations; and authorizes escalating administrative monetary penalties per aggrieved person of up to $1,500 for a first violation (unless waived), $3,000 for a second, and $15,000 for each subsequent violation, with unpaid remedies recoverable by the attorney general. The law also identifies multiple exceptions (including certain law enforcement and criminal justice employers, hires with unsupervised access to children or vulnerable adults, employers subject to federal contract prohibitions, self‑regulatory securities rules, certain financial institution circumstances, and nonemployee volunteers). The text provided does not state an effective date, and it references other RCWs for some definitions and documentation requirements, so those external provisions and any additional sections or appropriations are not included here.
|
|
Why it matters
Powered by Legitron |
If passed, employers across Washington will have to change how they recruit and screen people: they cannot ask about criminal history until they first decide an applicant is otherwise qualified and make a conditional offer, they cannot use blanket exclusions like “no felons” in ads, and they must give notice, identify the record, and keep a job open at least two business days for the person to respond before taking adverse action based on an adult conviction. Practically this means more upfront hiring work and documentation for employers, added waiting time in the hiring process, and a new risk of financial penalties and possible lawsuits if they ignore these steps; applicants get more opportunity to explain or show rehabilitation.
The attorney general’s office gains authority to investigate, issue rules, and impose per-person penalties (up to $1,500 for a first violation, $3,000 for a second, and $15,000 for each subsequent violation, with limited waiver authority for minor first offenses), so enforcement activity and related costs or recoveries are likely to increase; exceptions apply for law enforcement, certain vulnerable-population hires, federal contract rules, securities-regulated positions, and others referenced in other laws. The bill text here does not include an effective date or the full cross-referenced definitions and documentation details, so exactly when employers must comply and how some terms will be applied remains unclear.
|
| Official Documents | View Full Bill Text |
| Date Introduced | 01/28/2025 |
| Originating Chamber | Senate |
| Biennium | 2025-26 |
| Total Campaign Dollars Backing Bill | $3,254,419.75 |
| LABOR |