Bill > SB5608

This bill, known as the Washington Fair Chance Act, prohibits employers from asking job applicants about their arrest or conviction records until after they have determined that the applicant is otherwise qualified for the position, meaning they meet the basic requirements for the job. This "ban the box" approach aims to give individuals a fair opportunity to be considered for employment based on their qualifications, rather than being immediately disqualified due to past legal issues. The bill defines "arrest or conviction" broadly to include citations, arrests, and court filings, regardless of guilt, and defines "employer" to encompass a wide range of entities. While generally prohibiting inquiries about criminal history before determining an applicant is qualified, the bill includes exceptions for positions involving unsupervised access to children or vulnerable adults, roles where federal or state law requires such inquiries, and employment with certain law enforcement agencies. It also clarifies that this act does not interfere with collective bargaining agreements or existing state and federal laws, and allows for local governments to enact even stronger protections. The bill establishes a right of action for individuals who believe their rights under this act have been violated, with a presumed minimum damage amount.