As a reminder for Washington employers, the Washington Attorney General has published an updated Fair Chance Act Guide that must be provided to applicants in certain situations under the state’s amended Fair Chance Act. Covered employers must ensure hiring procedures, applicant communications, and compliance documents reflect the current guidance and the law’s notice requirements related
The post Washington Publishes Fair Chance Act Guide appeared first on VensureHR.
As a reminder for Washington employers, the Washington Attorney General has published an updated Fair Chance Act Guide that must be provided to applicants in certain situations under the state’s amended Fair Chance Act. Covered employers must ensure hiring procedures, applicant communications, and compliance documents reflect the current guidance and the law’s notice requirements related to criminal history disclosures.
This requirement applies to Washington employers with 15 or more employees and has been in effect since July 1, 2026.
What Employers Should Do
Legal Requirements
- Provide a written notice explaining certain Fair Chance Act requirements when an employer informs an applicant that a position will be subject to a background check after a conditional offer of employment.
- Provide the Washington Attorney General’s Fair Chance Act Guide for Employers and Job Applicants when required by the Fair Chance Act.
- Continue to follow the amended Fair Chance Act’s requirements regarding criminal history inquiries and adverse action procedures.
Considerations for Employers
- Violations of the Washington Fair Chance Act may result in administrative penalties of up to $1,500 for a first violation, $3,000 for a second violation, and $15,000 for each subsequent violation, assessed per affected applicant, employee, or other aggrieved party.
- Individuals may file complaints with the Washington Attorney General regarding suspected violations of the Washington Fair Chance Act, which may result in investigations, administrative sanctions, or other enforcement proceedings.
- Review hiring procedures and applicant communications to ensure the required notice and Attorney General guide are provided when necessary.
- Update hiring forms, workflows, and training materials to reflect current Fair Chance Act requirements.
Overview
The Washington Attorney General’s Fair Chance Act Guide for Employers and Job Applicants was updated in June 2026. Under the amended Washington Fair Chance Act, employers must provide the guide and a written notice explaining certain Fair Chance Act requirements when they inform an applicant that a position will be subject to a criminal background check after a conditional offer of employment or when an applicant voluntarily discloses criminal history information.
The updated guide also serves as a reminder of the broader Fair Chance Act requirements. Covered employers may not inquire about or obtain criminal history information until after determining an applicant is otherwise qualified and extending a conditional offer of employment. The law also limits how arrest records, juvenile records, and certain conviction records may be used in employment decisions and requires employers to follow specified notice and assessment procedures before taking adverse action based on criminal history.
Why This Matters
Washington’s amended Fair Chance Act includes notice obligations and procedural requirements that employers must follow when considering criminal history information in employment decisions. With the publication of the Washington Attorney General’s updated Fair Chance Act Guide, covered employers should review hiring procedures and applicant communications to ensure compliance with the law’s current requirements.
Source References
- Washington – RCW 49.94.010 – Inquiries into employee or applicant criminal records—Adverse employment actions—Timing—Advertisements—Exceptions.
- Washington Fair Chance Act – Guide for Employers and Applicants
Need help understanding how changes to employment laws will affect your business?
Learn more about how Vensure's Washington PEO services can help you navigate complex employment laws and keep your business compliant.
This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.
The post Washington Publishes Fair Chance Act Guide appeared first on VensureHR.
VensureHR