Washington

Discussion

REMINDER | Washington: Fair Chance Act Expanded

As of July 1, 2026, the Washington Fair Chance Act is expanded to apply to employers with 15 or more employees, requiring that when an employer discloses that a position is subject to a background check after a conditional job offer (or an applicant voluntarily discloses their criminal history), the employer must provide the applicant a written notice of certain statutory requirements along with a copy of the Washington Attorney General’s Fair Chance Act Guide for Employers and Job Applicants. The Attorney General recently posted a revised version of that Guide, so covered employers should use the updated version going forward. However, the Attorney General’s website does not yet include a sample of the required notice itself, nor a sample individualized assessment form (which employers must provide to an applicant after making a “tangible adverse employment decision” based on the applicant’s criminal history), meaning employers must continue drafting their own versions of both documents until official samples are released.

 

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