Washington enforces Fair Chance Act to protect applicants with criminal records

In a pivotal meeting held by the Senate Labor & Commerce Committee on March 24, 2025, lawmakers discussed significant updates to the Washington Fair Chance Act, aimed at enhancing employment opportunities for individuals with criminal records. The act, which currently prohibits employers from inquiring about an applicant's criminal history until they are deemed qualified for a position, is set to undergo changes that could reshape hiring practices across the state.

Under the proposed amendments, employers will be required to make a conditional job offer before they can request information about an applicant's criminal record. This shift emphasizes the importance of evaluating candidates based on their qualifications first, rather than their past mistakes. The bill also stipulates that employers cannot automatically disqualify applicants with criminal records, ensuring that each case is considered on its own merits.

The discussion highlighted the limitations placed on employers regarding adverse actions based on criminal history. For instance, employers are prohibited from taking negative actions against applicants based solely on juvenile convictions or arrest records. If an employer intends to act on an adult conviction, they must demonstrate a legitimate business reason, considering various factors outlined in the bill.

Additionally, the meeting addressed enforcement mechanisms. The Attorney General's office will adopt a stepped enforcement approach, allowing for educational warnings for first-time or minor violations, rather than immediate penalties. However, penalties for violations can escalate significantly, reaching up to $15,000 for repeated offenses.

The changes are set to take effect on July 1, 2026, for larger employers and January 1, 2027, for smaller businesses, marking a significant step towards reducing barriers for those seeking employment after incarceration. As the committee concluded, the implications of these amendments could foster a more inclusive workforce, allowing individuals to reintegrate into society and contribute positively to their communities.