Governor Ferguson has signed HB 1747, which amends Washington’s Honest Likelihood Act and additional restricts employers’ use of prison information in making employment choices. As we reported in 2018, Washington’s “Honest Likelihood Act” prohibits most employers from asking about prison 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 prison background till a conditional supply of employment has been made;
- Promote jobs in a means that excludes individuals with prison information;
- Have a coverage or apply routinely excluding somebody with a prison file, or reject somebody for not disclosing their prison file previous to a conditional supply;
- Take tangible opposed motion based mostly on a juvenile conviction or an arrest file (until the matter of the arrest remains to be pending);
- Take tangible opposed motion based mostly on an grownup conviction file until there’s a “official enterprise motive”; or
- Retaliate in opposition to people who complain about violations of this legislation.
A “official enterprise motive” is proscribed to conditions the place the employer believes that the character of the prison conduct will negatively influence the particular person’s health or capacity to carry out the place, or hurt the individuals, property, enterprise status, or belongings of the employer. In evaluating whether or not a official enterprise motive 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 because the conviction;
- The person, together with verifiable info associated to rehabilitation, good conduct, work expertise, schooling, and coaching; and
- The place, together with the precise duties and obligations, and the place and method wherein the place shall be carried out.
Documentation Required for “Professional Enterprise Cause”
Earlier than taking an opposed employment motion based mostly on a conviction file, employers should interact in a multi-step course of just like the method required by the federal Honest Credit score Reporting Act (FCRA). First the employer should notify the person and establish the file(s) that they relied on in assessing their official enterprise motive. Then, they need to enable the person at the least two enterprise days to reply and both appropriate, clarify, or present proof of rehabilitation, good conduct, work expertise, schooling or coaching. If, after consideration of the proof, the employer makes an opposed employment choice, they need to present the person with a written choice together with particular documentation on their reasoning and evaluation of every of the related components together with the influence of the conviction on the place, consideration of the person’s rehabilitation, good conduct, work expertise, schooling, and coaching.
Restricted Exceptions and Enforcement Authority
There are exceptions to the necessities for positions the place: (1) the person could have unsupervised entry to kids or particularly outlined weak adults; (2) the legislation permits or requires a prison background verify, akin to monetary establishments and legislation enforcement businesses; and (3) work shall be carried out underneath a federal contract that particularly prohibits individuals with prison information from working underneath that contract. The Lawyer Normal has the authority to implement this legislation and assess fines starting from $1,500 – $15,000 for violations.
Ideas: Vigilant shall be creating sources to help Washington employers to adjust to these new necessities. Watch our e-newsletter for added 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 Studies.
