A new Washington law expands protections for job applicants and employees under the state’s Fair Chance Act, aligning the statewide law more closely with Seattle’s Fair Chance Employment Ordinance. Notably, employers will need to comply with more restrictions on when they can perform background checks on potential new employees and what they can do with the information gathered. While the changes will roll out in 2026 and 2027, it is not too early to start reviewing and potentially adapting your internal processes for conducting and using background checks in employment decisions. We’ll explain everything you need to know and give you five steps you can take to comply before the changes kick in.
What Happened?
Gov. Bob Ferguson signed a bill (HB 1747) into law earlier this year that expands protections for applicants and employees under the Washington Fair Chance Act. This new law is effective on July 1, 2026, for employers with 15 or more employees, and January 1, 2027, for employers with less than 15 employees.
What is Changing?
Employers will be prohibited from conducting a criminal background check on an applicant until after the employer has made that applicant a conditional job offer. This changes the timing from current law, which requires only that an employer determine that an applicant meets the basic qualifications of the position before conducting a criminal background check.
The new law also places tighter restrictions on what an employer may do with the...
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