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Washington Fair Chance Act: New Amendments go into effect July 1, 2026

The state of Washington enacted their Fair Chance law or ban-the-box law in 2018 and new amendments to that law are effective July 1^st for employers with 15+ employees and January 1, 2027 for those with less than 15 employees.

Previously, the law allowed inquiries into criminal history after the applicant was otherwise deemed qualified for the position. The amendment moves that window until after a conditional offer of employment is made to the applicant.

In addition to timing of inquiries into criminal history, there are notable changes to the use of criminal record information and the adverse action process.

An employer may not carry out a tangible adverse employment action based on an applicant’s or employee’s arrest record or juvenile conviction record.
- This does not apply to an adult arrest in which an individual is out on bail or released on their own personal recognizance pending trial.
An employer may not carry out a tangible adverse employment action solely based on an applicant’s or employee’s adult conviction record, unless the employer has a legitimate business reason for taking such action.

If taking adverse action, the employer must:

notify the applicant or employee and identify to the applicant or employee the record on which the employer is relying for purposes of assessing its legitimate business reason.
The employer shall hold open the position for a minimum of two business days to provide the applicant or employee a reasonable opportunity to correct or explain the record or provide information on the applicant’s or employee’s rehabilitation, good conduct, work experience, education, and training.
After providing the time to respond, if still moving forward with the adverse decision, employers must:
- provide the applicant or employee with a written decision, including specific documentation as to its reasoning and assessment of each of the relevant factors, including the impact of the conviction on the position or business operations, and its consideration of the applicant’s or employee’s rehabilitation, good conduct, work experience, education, and training.

Notable Exceptions for some Praesidium clients

There are notable exceptions to this law which may impact you as an employer. The law offers exemption for:

Employer hiring a person who will or may have unsupervised access to children under the age of eighteen, a vulnerable adult as defined in chapter 74.34 RCW, or a vulnerable person as defined in RCW 9.96A.060
An employer seeking a nonemployee volunteer;

We’re Here To Help

Praesidium’s offers sample adverse action paperwork to assist you with the adverse action process on a federal and state/local level. Our latest samples include documents which consider the imminent updates to Washington state law.

FULL TEXT OF THE LAW IS AVAILABLE HERE

Praesidium cannot provide you with legal advice or counsel. The information and opinions expressed are for educational purposes only and are based on current practices, industry related knowledge and business expertise. The information provided shall not be construed as legal advice, express or implied. Please consult with your own counsel as appropriate regarding your compliance with federal and state law.

YMCA of central new York receives honor for abuse prevention

YMCA of Central New York recently announced the organization was awarded the highest honor for abuse prevention practices: Praesidium Accreditation (November 21, 2022).

Parents grateful for ymca’s child abuse preventive practices

The YMCA’s mission is to protect children, which has helped the Central Ohio Chapter take home a Praesidium Accreditation—the highest ranking for child abuse preventative practices (November 16, 2022).

Merakey achieves praesidium accreditation

Earning the Highest Honor for its Abuse Prevention Practices (November 8, 2022).

Praesidium announces external experts for accreditation standards advisory panel

Expert Panel will ensure the Accreditation Standards Continue to be the Highest Standards in Abuse Prevention (October 21, 2022).

Praesidium Releases annual report detailing the latest trends in how organizations are keeping participants safe from abuse

Report Does a Deep Dive Into Where Abuse Risk Lies, Changing Industry Standards & an Overview of Where Litigation has Found Institutional Fault in Sexual Abuse Cases (June 16, 2022).

Praesidium CEO: Child Abuse and Molestation Are Preventable Risks

While raising rates and lowering limits on child abuse and molestation coverage, insurers are focusing on risk management, said Aaron Lundberg, president and CEO, Praesidium (Jan. 19, 2021).

For more information on how to prevent abuse, call 800-743-6354 or fill out and submit the contact form.