Washington State Amends Fair Chance Act

Employers in Washington State with 15 or more employees anywhere must comply, as of July 1, 2026, with the Washington Fair Chance Act (WFCA) as amended last year, which significantly restricts when and how employers may conduct criminal background checks, obtain criminal history information, consider criminal history in hiring, and a formal two-step process for taking adverse actions based on criminal history. Employers with fewer than 15 employees must comply by January 1, 2027.

If an applicant voluntarily discloses information about criminal history during an interview, or if an employer discloses to an applicant that the position will be subject to a background check following a conditional offer, the employer must immediately provide a written disclosure of certain rights under the law. The attorney general has not yet released a model form that satisfies this requirement. In addition to this disclosure, employers must provide the attorney general’s updated “Washington Fair Chance Act Guide for Employers and Job Applicants.” This is a relatively unique aspect of the new law.

Ogletree Deakins:
Washington State Employers Face Major Changes to Background Checks

Washington State Office of the Attorney General:
Fair Chance Act
Washington Fair Chance Act Guide for Employers and Applicants (PDF)