Governor Ferguson has signed HB 1747, which amends Washington’s Truthful Likelihood Act and additional restricts employers’ use of felony data in making employment choices. As we reported in 2018, Washington’s “Truthful Likelihood Act” prohibits most employers from asking about felony historical past earlier than deciding whether or not an applicant meets the essential standards for the place. The brand new invoice considerably expands these protections. Efficient July 1, 2026 (or January 1, 2027, for employers with fewer than 15 staff) employers might not:
- Ask about an applicant’s felony background till a conditional supply of employment has been made;
- Promote jobs in a means that excludes folks with felony data;
- Have a coverage or apply mechanically excluding somebody with a felony report, or reject somebody for not disclosing their felony report previous to a conditional supply;
- Take tangible opposed motion primarily based on a juvenile conviction or an arrest report (except the matter of the arrest remains to be pending);
- Take tangible opposed motion primarily based on an grownup conviction report except there’s a “reputable enterprise cause”; or
- Retaliate in opposition to people who complain about violations of this regulation.
A “reputable enterprise cause” is proscribed to conditions the place the employer believes that the character of the felony conduct will negatively influence the individual’s health or capability to carry out the place, or hurt the folks, property, enterprise status, or property of the employer. In evaluating whether or not a reputable enterprise cause exists, the employer should doc their consideration of:
- The conduct underlying the conviction, together with the seriousness of the conduct, the quantity and varieties of convictions, and the time for the reason that conviction;
- The person, together with verifiable info associated to rehabilitation, good conduct, work expertise, training, and coaching; and
- The place, together with the precise duties and obligations, and the place and method through which the place can be carried out.
Documentation Required for “Professional Enterprise Motive”
Earlier than taking an opposed employment motion primarily based on a conviction report, employers should have interaction in a multi-step course of much like the method required by the federal Truthful Credit score Reporting Act (FCRA). First the employer should notify the person and determine the report(s) that they relied on in assessing their reputable enterprise cause. Then, they have to permit the person at the least two enterprise days to reply and both appropriate, clarify, or present proof of rehabilitation, good conduct, work expertise, training or coaching. If, after consideration of the proof, the employer makes an opposed employment choice, they have to present the person with a written choice together with particular documentation on their reasoning and evaluation of every of the related elements together with the influence of the conviction on the place, consideration of the person’s rehabilitation, good conduct, work expertise, training, and coaching.
Restricted Exceptions and Enforcement Authority
There are exceptions to the necessities for positions the place: (1) the person can have unsupervised entry to kids or particularly outlined susceptible adults; (2) the regulation permits or requires a felony background verify, comparable to monetary establishments and regulation enforcement companies; and (3) work can be carried out underneath a federal contract that particularly prohibits folks with felony data from working underneath that contract. The Legal professional Basic has the authority to implement this regulation and assess fines starting from $1,500 – $15,000 for violations.
Suggestions: Vigilant can be creating sources to help Washington employers to adjust to these new necessities. Watch our publication for extra supplies previous to the 2026 efficient date. Within the meantime, for extra info on present necessities and the federal FCRA, see our Authorized Information, Background Checks: Easy Third-Occasion Stories.
