As discussed in our recent Member Alert (here), several amendments to Washington’s Fair Chance Act (FCA) took effect on July 1st for employers with 15 or more employees. These amendments will apply to employers with fewer than 15 employees starting January 1, 2027.
This update further clarifies an employer’s obligations regarding certain disclosure requirements during the interview and hiring process, and provides links to updated forms and notices.
As discussed in the last alert, an employer is required to provide a copy of the Attorney General’s Fair Chance Act Guide and a written notice of rights under the FCA when an applicant voluntarily discloses information about his or her criminal history during an interview. The Attorney General’s office recently issued an updated version of the Fair Chance Act Guide which employers should use (here). As for the written notice of rights under the FCA, the state has not issued any guidance or form notices for employers to follow, so we have drafted a sample notice that can serve as a starting point for employers (here).
The Act also requires an employer to provide an applicant with the same two notices when the employer informs an applicant that a position is subject to a background check after a conditional offer of employment. See RCW 49.94.010 (8). From a practical standpoint, an applicant is usually “informed” of a background check requirement through an initial job posting, which may include language such as, “All successful candidates will be subject to a background screen prior to hiring.” The Attorney General has suggested that it is best practice for an employer to include hyperlinks to the required notices in their job postings if the posting refers to a background check requirement.
To ensure compliance with these new notice requirements, we suggest an employer be prepared to provide an applicant with copies of both documents during an interview, in the event the applicant voluntarily discloses information about their criminal history, include hyperlinks to the notices in job postings, and provide both notices to an applicant when extending an offer of employment where the offer is contingent upon passing a background check.
Our HR team has recorded some practical advice for putting these notice requirements into action. You can access their recording here.