Washington State is considering House Bill 1747 (HB 1747), which seeks to expand the Fair Chance Act. If passed, this legislation could significantly impact hiring practices across the state.
Delaying Criminal History Inquiries
Currently, the Fair Chance Act prohibits employers from asking about criminal history until they determine an applicant meets basic qualifications. HB 1747 proposes moving this step further, requiring employers to wait until after a conditional job offer is made. This adjustment would shift when criminal background checks are initiated, potentially altering hiring timelines.
Restrictions on Record Use
The bill introduces additional limits on the use of criminal records during hiring. Arrest records and juvenile convictions would be excluded entirely. Employers must also provide a legitimate business reason for rejecting an applicant based on adult convictions. This requires evaluating:
- The nature and seriousness of the offense.
- Its relevance to the job in question.
- The time elapsed since the conviction.
Pre-Adverse Action Requirements
Before taking adverse action based on criminal history, employers must notify candidates, giving them an opportunity to respond, correct inaccuracies, or provide evidence of rehabilitation. Additionally, similar to existing requirements in California and Seattle, HB 1747 mandates that employers provide a written explanation detailing their decision. This written explanation ensures transparency and compliance while allowing applicants to address any concerns. Employers will also need to document their decisions to comply with these requirements.
Increased Penalties for Repeat Violations
HB 1747 includes stringent penalties for non-compliance:
- $1,500 for a first violation.
- $3,000 for a second violation.
- $15,000 for each subsequent violation.
These penalties are designed to enforce compliance and underscore the importance of following the law. Repeat violations can result in substantial financial consequences, emphasizing the need for adherence to the law’s requirements.
Preparing for Potential Changes
If enacted, HB 1747 would require employers to revise hiring protocols, delay background checks, and conduct individualized assessments. These changes highlight the need for clear processes and proper documentation.
Staying Informed
HB 1747 reflects a broader trend toward fair chance hiring practices nationwide. Employers should monitor the bill’s progress and prepare to update their processes if it becomes law.
For more information, you can view the full bill summary here.
