Governor Ferguson has signed HB 1747, which amends Washington’s Honest Likelihood Act and additional restricts employers’ use of prison information in making employment choices. As we reported in 2018, Washington’s “Honest Likelihood Act” prohibits most employers from asking about prison historical past earlier than deciding whether or not an applicant meets the essential standards for the place. The brand new invoice considerably expands these protections. Efficient July 1, 2026 (or January 1, 2027, for employers with fewer than 15 workers) employers could not:
- Ask about an applicant’s prison background till a conditional supply of employment has been made;
- Promote jobs in a means that excludes individuals with prison information;
- Have a coverage or apply routinely excluding somebody with a prison report, or reject somebody for not disclosing their prison report previous to a conditional supply;
- Take tangible hostile motion based mostly on a juvenile conviction or an arrest report (except the matter of the arrest continues to be pending);
- Take tangible hostile motion based mostly on an grownup conviction report except there’s a “professional enterprise motive”; or
- Retaliate in opposition to people who complain about violations of this legislation.
A “professional enterprise motive” is restricted to conditions the place the employer believes that the character of the prison conduct will negatively affect the particular person’s health or capacity to carry out the place, or hurt the individuals, property, enterprise repute, or belongings of the employer. In evaluating whether or not a professional enterprise motive exists, the employer should doc their consideration of:
- The conduct underlying the conviction, together with the seriousness of the conduct, the quantity and varieties of convictions, and the time because the conviction;
- The person, together with verifiable data associated to rehabilitation, good conduct, work expertise, schooling, and coaching; and
- The place, together with the particular duties and duties, and the place and method during which the place will probably be carried out.
Documentation Required for “Legit Enterprise Purpose”
Earlier than taking an hostile employment motion based mostly on a conviction report, employers should have interaction in a multi-step course of just like the method required by the federal Honest Credit score Reporting Act (FCRA). First the employer should notify the person and establish the report(s) that they relied on in assessing their professional enterprise motive. Then, they have to enable the person a minimum of two enterprise days to reply and both right, clarify, or present proof of rehabilitation, good conduct, work expertise, schooling or coaching. If, after consideration of the proof, the employer makes an hostile employment resolution, they have to present the person with a written resolution together with particular documentation on their reasoning and evaluation of every of the related elements together with the affect of the conviction on the place, consideration of the person’s rehabilitation, good conduct, work expertise, schooling, and coaching.
Restricted Exceptions and Enforcement Authority
There are exceptions to the necessities for positions the place: (1) the person can have unsupervised entry to youngsters or particularly outlined susceptible adults; (2) the legislation permits or requires a prison background test, comparable to monetary establishments and legislation enforcement businesses; and (3) work will probably be carried out below a federal contract that particularly prohibits individuals with prison information from working below that contract. The Legal professional Basic has the authority to implement this legislation and assess fines starting from $1,500 – $15,000 for violations.
Ideas: Vigilant will probably be creating assets to help Washington employers to adjust to these new necessities. Watch our publication for added supplies previous to the 2026 efficient date. Within the meantime, for extra data on present necessities and the federal FCRA, see our Authorized Information, Background Checks: Easy Third-Get together Reviews.
