Bill > HB1701

This bill, known as the Washington Fair Chance Act, prohibits employers from asking about an applicant's criminal record, which includes arrests, citations, or court cases regardless of guilt, until the applicant is determined to be otherwise qualified for a position. This means employers cannot ask about criminal history on initial job applications, before an initial interview, or rely on background checks to exclude someone from an interview. They also cannot advertise job openings in a way that discourages people with criminal records from applying. However, this prohibition does not apply if federal or state law requires consideration of a criminal record, to law enforcement agencies, employers in the criminal justice system, or when hiring for positions involving unsupervised access to children, vulnerable adults, or vulnerable persons, nor does it apply to non-employee volunteers. The bill also clarifies that it does not interfere with collective bargaining agreements, existing state or federal laws, or require employers to provide accommodations for individuals with criminal records, but it does allow for local governments to enact stronger protections. Enforcement of this act will be handled by the state Attorney General's office, which will use a stepped approach of education, warnings, and then penalties, with monetary penalties for repeat violations.