Washington becomes the 11th state to adopt background check reform within the private sector.
Today, June 7, marks the date the Fair Chance Act goes into effect in effort to ensure applicants are judged by their work and experience qualifications—and not by criminal or arrest histories. The act, HB 1298, is designed to get figurative feet in the door or, in other words, to keep companies from discriminating against potential hires until applicants at least meet minimum requirements for various job types.
If an employer determines that the applicant is qualified, the law does not restrict the employer from inquiring into or obtaining information about a criminal record.
Maurice Emsellem, program director with the National Employment Law Project, says “HB 1298 represents a major step forward for Washington state’s business community and economy, while providing hope and opportunity to all those qualified workers who have struggled to find work with a conviction record but who are ready to give back to their communities.”
Penalties for not adhering to the act are as follows:
- First Violation: Notice of violation.
- Second Violation: Penalty of up to $750.
- Third Violation and beyond: Penalty of up to $1,000 for each instance.
HB 1506, Washington's Equal Pay Opportunity Act, also goes into effect today. Learn more about complying with both laws from BIAW.
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