Job applicants and employees

AN ACT Relating to expanding protections for applicants and 1
employees under the Washington fair chance act; amending RCW 2
49.94.005, 49.94.010, and 49.94.030; and prescribing penalties.3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 49.94.005 and 2018 c 38 s 1 are each amended to read 5
as follows: 6
The definitions in this section apply throughout this chapter 7
unless the context clearly requires otherwise. 8
(1) "Adult conviction record" means any record of or information 9
about criminal conduct resulting in an adult criminal conviction, 10
finding of guilt, or other finding adverse to the subject, including 11
an acquittal due to a finding of not guilty by reason of insanity, a 12
dismissal by reason of incompetency, or a dismissal entered after a 13
period of probation, suspension, or deferral of sentence. It also 14
includes information related to the conviction or other finding 15
adverse to the subject including, but not limited to, any citation, 16
arrest record, or probable cause statement.17
(2) "Arrest record" means any record of or information about an 18
arrest or pending charge for criminal conduct without a conviction, 19
adjudication, finding of guilt, or other finding adverse to the 20
subject.21
H-0855.1
HOUSE BILL 1747
State of Washington 69th Legislature 2025 Regular Session
By Representatives Ortiz-Self, Berry, Scott, Obras, Fosse, Goodman,
Farivar, Taylor, Fitzgibbon, Reed, Gregerson, Ormsby, Parshley,
Cortes, Hill, Pollet, and Ramel
Read first time 01/30/25. Referred to Committee on Labor & Workplace
Standards.
p. 1 HB 1747
(3) "Criminal record" includes any record of or information about 1
a citation or arrest for criminal conduct, including records relating 2
to probable cause to arrest, and includes any record about ((a)) an 3
adult criminal or juvenile case filed with any court, whether or not 4
the case resulted in a finding of guilt. 5
(((2))) (4) "Employer" includes public agencies, private 6
individuals, businesses and corporations, contractors, temporary 7
staffing agencies, training and apprenticeship programs, and job 8
placement, referral, and employment agencies. 9
(((3))) (5) "Juvenile conviction record" means any record of or 10
information about a juvenile adjudication or other finding of guilt 11
pursuant to Title 13 RCW or other juvenile court system. It also 12
includes information related to the conviction or other finding 13
adverse to the subject including, but not limited to, any citation, 14
arrest record, or probable cause statement.15
(6) "Legitimate business reason" means that, based on information 16
known to the employer at the time the employer makes the decision 17
regarding a tangible adverse employment action, the employer believes 18
in good faith that the nature of the criminal conduct underlying the 19
adult conviction record will:20
(a) Have a negative impact on the employee's or applicant's 21
fitness or ability to perform the position sought or held; or22
(b) Harm or cause injury to people, property, business 23
reputation, or business assets, and the employer has considered the 24
following factors, and documented as such in accordance with RCW 25
49.94.010:26
(i) The seriousness of the conduct underlying the adult 27
conviction record;28
(ii) The number and types of convictions;29
(iii) The time that has elapsed since the conviction, excluding 30
periods of incarceration;31
(iv) Any verifiable information related to the individual's 32
rehabilitation, good conduct, work experience, education, and 33
training, as provided by the individual;34
(v) The specific duties and responsibilities of the position 35
sought or held; and36
(vi) The place and manner in which the position will be 37
performed.38
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(7) "Otherwise qualified" means that the applicant meets the 1
basic criteria for the position as set out in the advertisement or 2
job description without consideration of a criminal record.3
(8) "Tangible adverse employment action" means a decision by an 4
employer to reject an otherwise qualified job applicant, or to 5
terminate, suspend, discipline, demote, or deny a promotion to an 6
employee.7
Sec. 2. RCW 49.94.010 and 2018 c 38 s 2 are each amended to read 8
as follows: 9
(1) An employer may not include any question on any application 10
for employment, inquire either orally or in writing, receive 11
information through a criminal history background check, or otherwise 12
obtain information about an applicant's criminal record until after 13
the employer initially determines that the applicant is otherwise 14
qualified for the position ((. Once the employer has initially 15
determined that the applicant is otherwise qualified, the employer 16
may inquire into or obtain information about a )) and makes an offer 17
of employment conditioned on obtaining the applicant's criminal 18
record. 19
(2) An employer may not advertise employment openings in a way 20
that excludes people with criminal records from applying. Ads that 21
state "no felons," "no criminal background," or otherwise convey 22
similar messages are prohibited. 23
(3) An employer may not implement any policy or practice that 24
automatically or categorically excludes individuals with a criminal 25
record from ((consideration prior to an initial determination that 26
the applicant is otherwise qualified for the )) any employment 27
position. ((Prohibited policies and practices include rejecting )) An 28
employer may not reject an applicant for failure to disclose a 29
criminal record prior to ((initially determining the applicant is 30
otherwise qualified for the position )) receiving a conditional offer 31
of employment. 32
(4) An employer may not carry out a tangible adverse employment 33
action based on an applicant's or employee's arrest record or 34
juvenile conviction record.35
(5)(a) An employer may not carry out a tangible adverse 36
employment action solely based on an applicant's or employee's adult 37
conviction record, unless the employer has a legitimate business 38
reason for taking such action.39
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(b) Before carrying out any tangible adverse employment action 1
under this subsection, the employer shall notify the applicant or 2
employee and identify to the applicant or employee the record on 3
which the employer is relying for purposes of assessing its 4
legitimate business reason. The employer shall hold open the position 5
for a minimum of two business days to provide the applicant or 6
employee a reasonable opportunity to correct or explain the record or 7
provide information on the applicant's or employee's rehabilitation, 8
good conduct, work experience, education, and training.9
(c) If an employer makes a tangible adverse employment decision 10
following the reasonable opportunity under (b) of this subsection, 11
the employer shall provide the applicant or employee with a written 12
decision, including specific documentation as to its reasoning and 13
assessment of each of the relevant factors, including the impact of 14
the conviction on the position or business operations, and its 15
consideration of the applicant's or employee's rehabilitation, good 16
conduct, work experience, education, and training.17
(6) An employer may not carry out any tangible adverse employment 18
action against any employee because the employee, or a person acting 19
on behalf of the employee, makes a good faith report, orally or in 20
writing, to the employer, the attorney general, a labor organization, 21
or others of a violation or suspected violation of this section or 22
otherwise informs others of the requirements of this section.23
(7) This section does not apply to: 24
(a) Any employer hiring a person who will or may have 25
unsupervised access to children under the age of eighteen, a 26
vulnerable adult as defined in chapter 74.34 RCW, or a vulnerable 27
person as defined in RCW 9.96A.060; 28
(b) Any employer, including a financial institution, who is 29
expressly permitted or required under any federal or state law to 30
inquire into, consider, or rely on information about an applicant's 31
or employee's criminal record for employment purposes;32
(c) Employment by a general or limited authority Washington law 33
enforcement agency as defined in RCW 10.93.020 or by a criminal 34
justice agency as defined in RCW 10.97.030(5)(b); 35
(d) An employer seeking a nonemployee volunteer; ((or))36
(e) Any entity required to comply with the rules or regulations 37
of a self-regulatory organization, as defined in section 3 (a)(26) of 38
the securities and exchange act of 1934, 15 U.S.C. 78c(a)(26); or39
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(f) Any employer with respect to a position entailing work under 1
a federal contract that specifically prohibits people with criminal 2
records from working under that contract. 3
Sec. 3. RCW 49.94.030 and 2018 c 38 s 4 are each amended to read 4
as follows: 5
(1) The state attorney general's office shall enforce this 6
chapter. Its powers to enforce this chapter include the authority to:7
(a) Investigate violations of this chapter on its own initiative;8
(b) Investigate violations of this chapter in response to 9
complaints and seek remedial relief for the complainant;10
(c) Educate the public about how to comply with this chapter;11
(d) Issue written civil investigative demands for pertinent 12
documents, answers to written interrogatories, or oral testimony as 13
required to enforce this chapter; 14
(e) Adopt rules implementing this chapter including rules 15
specifying applicable penalties; and 16
(f) Pursue administrative sanctions or a lawsuit in the courts 17
for penalties, costs, and attorneys' fees. 18
(2) ((In exercising its powers, the attorney general's office 19
shall utilize a stepped enforcement approach, by first educating 20
violators, then warning them, then taking legal, including 21
administrative, action. )) (a) For purposes of administrative 22
sanctions, the attorney general's office may waive penalties for 23
first time or de minimis violations of this chapter, and instead 24
provide education and a warning to deter future noncompliance. The 25
attorney general's office shall impose administrative sanctions and 26
pursue appropriate legal action for second and subsequent violations.27
(b) Maximum monetary penalties for administrative sanctions are 28
as follows : ((A notice of violation and offer of agency assistance 29
for the first violation; a monetary penalty of up to seven hundred 30
fifty dollars for the second violation; and a monetary penalty of up 31
to one thousand dollars for each subsequent violation.))32
(i) $1,500 for the first violation, except where a waiver has 33
been granted under this section;34
(ii) $3,000 for the second violation;35
(iii) $15,000 for each subsequent violation.36
(c) A penalty under (b) of this subsection must be imposed per 37
aggrieved job applicant, employee, or party for each violation. The 38
penalty accrues for the benefit of and is payable to the job 39
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applicant, employee, or other aggrieved party. If there is no 1
identifiable job applicant, employee, or aggrieved person for the 2
violation, the penalty is retained by the attorney general.3
(d) The attorney general may pursue legal action to obtain unpaid 4
wages, unpaid administrative penalties, damages, and reasonable 5
attorneys' fees and costs.6
7
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