Washington’s Fair Chance Act could see significant expansion under HB 1747, a proposed bill that further restricts employers from considering criminal records in hiring decisions. The legislation prohibits taking adverse action against applicants or employees for failing to disclose a criminal history before receiving a conditional job offer.
Key Changes Under HB 1747
- Employers may only consider adult conviction records—arrest records and juvenile convictions cannot be used.
- Before taking adverse action, employers must:
- Provide written documentation of the legitimate business reason for the decision.
- Allow at least two business days for the individual to respond, correct inaccuracies, or provide evidence of rehabilitation.
- Increased Penalties & Enforcement:
- The Attorney General’s Office (AG) will oversee enforcement, with legal actions possible to recover unpaid wages, penalties, damages, and attorneys’ fees.
- This bill prohibits employer retaliation for employees who file complaints.
- The AG may issue warnings for first-time or minor violations. However, fines escalate for repeat offenses:
- $1,500 for a first violation
- $3,000 for a second violation
- $15,000 for each additional violation
WR testified at this week’s hearing, raising concerns about the bill’s impact on small businesses. Increased penalties and legal risks could disproportionately affect employers with limited compliance resources, leading to unexpected lawsuits and hiring challenges.
Instead of increasing restrictions and penalties, WR urges lawmakers to connect employers with workforce organizations that help justice-impacted individuals find jobs. A collaborative approach would ensure real second chances without discouraging employers from hiring.
