Washington has enacted legislation (House Bill 1747), which amends the Washington Fair Chance Act to further restrict employers from using criminal records. House Bill 1747 takes effect on July 1, 2026.
The Details
Background
The Washington Fair Chance Act provides protections (in job advertisements, job applications and the hiring process) to job applicants with criminal records to provide them the opportunity to fairly compete for job opportunities for which they are otherwise qualified.
The law defines tangible adverse employment action as a decision by an employer to reject an otherwise qualified job applicant or to terminate, suspend, discipline, demote or deny an employee a promotion.
House Bill 1747
House Bill 1747 amends the Washington Fair Chance Act by increasing the requirements and penalties for covered employers that consider criminal records when vetting job applicants or employees. The new requirements take effect on July 1, 2026.
Under the law, employers are prohibited from:
- Inquiring about criminal records before first extending a conditional job offer; and
- Taking a tangible adverse employment action based on the following:
- An applicant's or employee's arrest record or juvenile conviction record. See the text of the law for exceptions.
- An applicant's or employee's adult conviction record (unless the employer has a legitimate business reason for taking such action).
Notice Requirements
Under House Bill 1747, before taking a tangible adverse employment action, a covered employer must provide a pre-adverse action notice to the applicant or employee, informing the individual of the record that the employer is relying for purposes of assessing its legitimate business reason. The employer must hold the position open for a minimum of two business days so an applicant or employee has a reasonable opportunity to:
- Correct or explain the record; or
- Provide information on their rehabilitation, good conduct, work experience, education and training.
An employer that decides to take a tangible adverse employment action must provide an adverse action notice in the form of a written decision containing specific documentation on the employer's reasoning and assessment of each relevant statutory factor, including:
- The impact of the conviction on the position or business operations; and
- The employer’s consideration of the applicant's or employee's rehabilitation, good conduct, work experience, education and training.
Penalties
Under House Bill 1747, the penalty amounts for first, second and subsequent violations are increased, and penalties are per aggrieved job applicant or employee for each violation.
Next Steps
Covered employers should review and update their hiring and notice policies and procedures and train supervisors on the law by July 1, 2026.
