The bill aims to expand protections for applicants and employees under the Washington Fair Chance Act by amending existing definitions and provisions related to criminal records in employment contexts. Key insertions include the definitions of "adult conviction record," "arrest record," and "juvenile conviction record," which clarify the types of criminal records that employers must consider. Additionally, the bill introduces the concept of "legitimate business reason," which outlines the criteria an employer must evaluate before taking adverse employment actions based on an applicant's criminal history. It also prohibits employers from inquiring about criminal records until after a conditional offer of employment is made, and it restricts the use of blanket policies that exclude individuals with criminal records from consideration.
Furthermore, the bill enhances enforcement mechanisms by allowing the state attorney general's office to impose administrative sanctions for violations, with specified monetary penalties for first, second, and subsequent offenses. The penalties are designed to be more stringent, with a maximum of $1,500 for the first violation, $3,000 for the second, and $15,000 for each subsequent violation. The act will apply to larger employers starting July 1, 2026, and to smaller employers with fewer than 15 employees beginning January 1, 2027. This legislation aims to create a more equitable hiring process for individuals with criminal records while ensuring that employers can still make informed decisions based on legitimate business needs.
Statutes affected: Original Bill: 49.94.005, 49.94.010, 49.94.030
Engrossed Bill: 49.94.005, 49.94.010, 49.94.030
Bill as Passed Legislature: 49.94.005, 49.94.010, 49.94.030