Once the employer makes this determination, they may then inquire further about any past criminal history.
More specifically, the Washington Fair Chance Act (WFCA) will prohibit all employers in the state of Washington from the follow actions:
- Advertising openings in a way that excludes people with arrest or conviction records from applying, such as using advertisements that state "no felons," "no criminal background," or that otherwise convey similar messages;
- Including any question in an employment application, inquiring orally or in writing, receiving information through a criminal history background check, or otherwise obtaining information about an applicant's arrest or conviction record, until after the employer has initially determined that the applicant is otherwise qualified for the position;
- Having automatic disqualifiers or categorically disqualifying an individual based a criminal record before initially determining the person is otherwise qualified for the position; or
- Rejecting or disqualifying an applicant for failure to disclose a criminal record prior to initially determining the applicant is otherwise qualified for the position.
The law will provide exceptions for the following:
- Any employer hiring a person who will or may have unsupervised access to children under the age of 18 or a vulnerable adult or person, as defined by Washington law;
- Any employer, including a financial institution, who is expressly permitted or required under any federal or state law to inquire into, consider, or rely on information about an applicant's or employee's criminal record for employment purposes;
- Various law enforcement agencies or criminal justice agencies in Washington;
- Any employer seeking a nonemployee volunteer; or
- Any entity required to comply with the rules or regulations of a self-regulatory organization, as defined by the Securities Exchange Act.
Those found violating the WFCA will be subject to a notice of violation for an initial violation; a fine of $750 for a second violation; and a fine of $1,000 for each subsequent violation.
According to the law firm Jackson Lewis, PC, the statewide "Ban the Box" policy does not preempt other Washington municipalities from enforcing their own "Ban the Box" ordinances. Seattle and Spokane currently have such ordinances in place.
Source: Jackson Lewis, PC, 3/20/2018
Posted: March 26, 2018