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Governor Jay Inslee signed the Fair Chance Act on March 13, 2018. This bill prohibits employers from asking about criminal records early in the hiring process.

About the Law

Washington's Fair Chance Act (HB 1298) creates new rules for private and public employers. It states that employers may not:

• Include questions about criminal records on applications.
• Post job advertisements that suggest people who have a criminal history are not eligible or should not apply.
• Implement hiring policies that automatically exclude individuals who have a criminal record, unless they are required to do so by law.

Employers may run criminal background checks or inquire about an applicant's criminal history, but only after first determining the person is otherwise qualified and eligible for hire. If an applicant has a criminal record, then the employer may use that information when making a final business decision.

Penalties for Non-Compliance

Employers who do not comply with HB 1298 can be penalized. After the first violation, the employer will receive an official notification that explains the situation and includes an offer of agency assistance.

Should a second violation occur the employer can be fined up to $750.00. Additional violations would result in fines of $1,000.00 for each occurrence. Penalties will be enforced by the State Attorney General's office.

The Ban the Box Movement

During the last few years, we've seen numerous Ban the Box laws implemented across the country. Their overall goal is to help create second chances for individuals who have criminal histories. One of the most common components calls for employers to remove inquiries about criminal records from job applications.

Many applications used to include questions about whether or not the person has been arrested or convicted of a crime. If so, the person was asked to check a box. People who did were unlikely to receive further consideration. Removing these questions and establishing related rules, such as prohibiting employers from running background checks until a candidate's eligibility is determined, is intended to help people with minor convictions as they search for jobs and re-enter society.

Employers retain the right to decide if any applicant is a good fit for their business, but they are called upon to examine all the facts first.

Takeaway for Employers

As the Ban the Box movement continues to grow, eliminating questions about criminal records from job applications is becoming a common best practice. Employers that operate in multiple locations should be aware that numerous states and cities have their own laws in place. They are not consistent, so employers must be compliant with laws that are active in locations where they do business.

Keeping up with these laws can be difficult. The team at Backgrounds Online makes efforts to learn about new bills and provide educational resources that can help with your compliance efforts. When you work directly with us, we become your partner and provide additional resources and documentation to help with your efforts.

If you have questions about what we can do for you, please contact us today.