Washington Adopts Ban the Box Legislation

Effective June 6, 2018, employers in Washington will be prohibited from asking about criminal history before job applicants are considered qualified for the position.

Governor Jay Inslee signed the Fair Chance Act (HB 1298) in March to extend “Ban the Box” legislation protections to applicants seeking jobs with both public and private employers in the state.

Specifically, the law states:

• An employer may not include any question on any application for employment, inquire either orally or in writing, receive information through a criminal history background check, or otherwise obtain information about an applicant’s criminal record until after the employer initially determines that the applicant is otherwise qualified for the position.
• An employer may not advertise employment openings in a way that excludes people with criminal records from applying. Ads that state “no felons,” “no criminal background,” or otherwise convey similar messages are prohibited.
• An employer may not implement any policy or practice that automatically or categorically excludes individuals with a criminal record from consideration prior to an initial determination that the applicant is otherwise qualified for the position.

The law does not apply to employers hiring workers with unsupervised access to children or vulnerable adults, employers required by federal or state law to ask about criminal records, law enforcement or criminal justice agencies, employers hiring volunteers and certain self-regulatory organizations.

Washington becomes the 11th state to adopt Ban the Box legislation. Nationwide, 31 states and more than 150 cities and counties have adopted Ban the Box laws regulating either public or private employers.