Key Changes to the Washington Fair Chance Act Employers Should Know
4 August 2025
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Washington’s Fair Chance Act has shaped how employers handle criminal history during the hiring process. Now, with new changes on the horizon, it is more important than ever for HR teams, hiring managers, and business owners to understand their responsibilities. These updates introduce stricter rules around job ads, application procedures, and how criminal records can be used in hiring decisions.
Understanding the Current Washington Fair Chance Act
The Fair Chance Act (FCA), enacted in 2018, was designed to give individuals with criminal records a better opportunity to compete for jobs. Often referred to as a “ban-the-box” law, it restricts when and how employers can ask about or consider an applicant’s criminal history.
Under the current law, most public and private employers in Washington are prohibited from:
Asking about arrests or convictions on initial job applications- Automatically disqualifying candidates based solely on criminal records
- Advertising jobs in a way that discourages people with records from applying
The goal is to ensure that applicants are first evaluated based on their qualifications rather than past offenses.
What’s Changing: Expanded Restrictions and New Requirements
Washington is expanding the Fair Chance Act with several important updates. These changes are designed to strengthen protections for job seekers and increase accountability for employers.
Expanded Prohibitions on Covered Employers
Asking About Criminal History Too Early
Employers will no longer be allowed to ask about criminal history before completing an initial interview. If there is no interview, the employer must wait until after a conditional offer of employment has been made. This is a shift from previous rules and requires a review of application forms and screening procedures.
Restrictions on Advertising and Job Postings
The new law prohibits employers from using language in job ads or descriptions that discourages people with criminal records from applying. This includes phrases like “must have a clean record” or “no felons.” Even indirect discouragement can be considered a violation under the revised law.
Changes to the Application and Hiring Process
When Criminal History Can Be Considered
Criminal background checks or questions about criminal history must wait until after an initial interview or, if no interview takes place, after a conditional job offer is made. This ensures that all applicants are fairly considered based on merit before their criminal history becomes a factor.
Requirement for a “Legitimate Business Reason”
If an employer decides not to hire someone because of a criminal record, they must show a legitimate business reason for that decision. This means evaluating factors like:
The nature of the offense- How long ago it occurred
- Whether it relates to the job duties
- Evidence of rehabilitation
Blanket policies or automatic disqualifications will not meet this standard. Employers need to document how the offense is directly related to the role.
New Obligations Around Adverse Hiring Decisions
Pre-Adverse Action Requirements
Before taking any adverse action based on a criminal background check, employers must:
Share the background check report with the applicant- Provide a written explanation of the possible disqualification
- Give the applicant a reasonable opportunity (usually five business days) to respond or offer more information
This aligns with existing Fair Credit Reporting Act (FCRA) requirements but adds more focus on transparency and fairness.
Post-Adverse Action Requirements
If the employer decides to move forward with the adverse action, they must issue a final written notice. This must include:
The specific criminal history that led to the decision- How it relates to the job
- Information on how the applicant can file a complaint with the Washington State Human Rights Commission
These steps are designed to make the process more transparent and give applicants a clear path for recourse if they feel the decision was unfair.
Increased Penalties and Enforcement
Washington is giving more power to the Human Rights Commission to enforce the updated law. Penalties for violations will increase and may include:
Civil fines starting at $750 for first-time violations- Larger penalties for repeated offenses
- Mandatory policy updates or training for non-compliant employers
This signals that the state is taking fair chance hiring seriously and will be monitoring compliance closely.
Are Any Employers or Positions Exempt?
Some roles and industries remain exempt from the Fair Chance Act, including:
Jobs where federal or state laws require criminal background checks- Law enforcement positions
- Roles with unsupervised access to children, vulnerable adults, or sensitive financial data
- Positions regulated by federal transportation or banking laws
However, exemptions are narrow, and employers should not assume their position qualifies without reviewing the law carefully or seeking legal guidance.
Practical Steps for Washington Employers to Stay Compliant
Here are some clear steps to help your organization stay compliant and avoid costly mistakes.Update job postings and application forms
Remove any language that suggests applicants with criminal records are not welcome.
(1) Train your HR and hiring teams
Make sure everyone involved in the hiring process understands when they can and cannot ask about criminal history.
(2) Delay background checks until the appropriate time
Wait until after an initial interview or conditional offer to begin the background screening process.
(3) Use a documented individualized assessment
Evaluate each case on its own merits and keep written records explaining any hiring decisions related to criminal history.
(4) Ensure your pre- and post-adverse action notices meet both FCRA and Washington requirements
Work with your background screening provider to review your process and stay current with changing rules.
Eagle Eye Screening Solutions is here to help Washington employers and HR teams navigate these changes with confidence. Our team provides wholesale public records and real-time court data that align with the latest legal requirements.
Have questions or need help adjusting your hiring workflow?
Contact Eagle Eye Screening Solutions today for expert support and background check solutions built for compliance.
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