Washington Expands Fair Chance Act for 15-Plus Employers, Delaying Background Checks Until Conditional Offers
Updated
Updated · K&L Gates · Jun 29
Washington Expands Fair Chance Act for 15-Plus Employers, Delaying Background Checks Until Conditional Offers
1 articles · Updated · K&L Gates · Jun 29
Summary
July 1, 2026 marks the start of Washington’s expanded Fair Chance Act for employers with 15 or more workers, barring criminal-history inquiries or checks until after a conditional job offer.
The amendments also ban adverse action based on arrest records or juvenile convictions, while adult conviction records can justify action only if employers document a legitimate business reason through an individualized assessment.
A new two-step process requires employers to identify the specific record, hold the job open for at least two business days, then issue a written decision explaining the reasoning and factor-by-factor review.
Employers must also provide a written summary of the law and the attorney general’s guide whenever they notify applicants of a post-offer background check; smaller employers must comply starting Jan. 1, 2027.
The attorney general alone enforces the law, with penalties of up to $1,500 for a first violation, $3,000 for a second and $15,000 for later violations, extending Seattle-like protections statewide.
Washington’s new hiring law starts tomorrow. Are businesses ready for its strict rules and steep fines?
Does Washington's new law unfairly burden businesses by delaying essential background checks until after a job offer?
Washington’s Expanded Fair Chance Act: Strict New Hiring Rules, Penalties Up to $15,000, and What Employers Must Do by 2026–2027
Overview
Washington State is making major changes to its hiring landscape with the expanded Fair Chance Act, which takes effect for larger employers on July 1, 2026, and for smaller employers on January 1, 2027. Outlined in House Bill 1747, these new regulations aim to reform hiring practices by introducing rules on when background checks can occur, banning blanket exclusions, and requiring individualized assessments based on legitimate business reasons. The law also sets strict rules about how arrest and juvenile records are handled, ensuring fairer opportunities for job applicants and requiring employers to update their hiring processes to comply.