Washington Expands Fair Chance Act Employment Protections

For many years convicted felons in this state and others faced a nearly insurmountable obstacle when seeking gainful employment upon release from prison. Standard “background checks” which screened for any felony convictions and corporate policies excluding applicants with felonies from consideration created another massive hardship for those attempting to re-enter society after having “paid their debt” to society.  As part of a national movement recognizing the devastating impact of these practices, in 2018, the State of Washington passed the Fair Chance Act found at Title 49.48 RCW.  In the recent 2025 amendments to this act further curtailed these employer practices and required among other things that there be a relation between a disqualifying felony and job duties.

The Original Fair Chance Act (2018)

Washington’s Fair Chance Act (RCW 49.94), enacted in 2018, was designed to reduce barriers to employment for individuals with criminal records. The law prohibited employers from:

• Asking about criminal history on initial job applications.

• Automatically disqualifying applicants based on criminal records.

• Conducting background checks before determining an applicant is otherwise qualified.

The law applied to both public and private employers and was part of a broader national “Ban b he Box” movement aimed at improving reintegration and reducing recidivism.

Effective Amendments July 27, 2025

The 2025 amendments significantly expand the scope and enforcement of the Fair Chance Act. Key changes include:

1. Prohibition on Blanket Bans: Employers may no longer impose blanket exclusions for all felony convictions. Instead, they must assess whether a conviction is “job-related and consistent with business necessity.”

2. Individualized Assessment Requirement: Employers must consider:

   a. The nature and gravity of the offense.

   b. The time elapsed since the offense or completion of the sentence.

   c. The nature of the job sought.

3. Notice and Opportunity to Respond: If an employer intends to take adverse action based on criminal history, they must:

   a. Notify the applicant.

   b. Provide a reasonable opportunity to respond with evidence of rehabilitation or inaccuracy.

4. Increased Enforcement and Penalties: The Washington State Human Rights Commission is authorized to investigate complaints and impose civil penalties for violations.

5. No Private right of Action: Instead of private lawsuits, enforcement is handled exclusively by the Washington State Attorney General’s Office, specifically through its Civil Rights Division. Individuals who believe an employer has violated the Act may file a complaint with the Attorney General, who may investigate and impose civil penalties.

This approach is intended to:

• Ensure consistent enforcement.

• Reduce litigation burdens on employers and courts.

• Centralize oversight under a public agency with civil rights expertise.