Washington Employment Screening Overview
Washington has a relatively restrictive framework for employment screening, with a statewide Fair Chance Act that limits when employers can inquire about criminal history, prohibits salary history inquiries, restricts credit checks to substantially job-related purposes, and bars pre-employment discrimination based on off-duty cannabis use.
Employers should be aware that significant amendments expanding these protections take effect in 2026-2027, and federal requirements plus local ordinances in cities like Seattle and Spokane may impose additional obligations.
What's Permitted
- Criminal background checks generally permitted only after conditional job offer for most employers
- Pre-employment drug testing allowed but cannot use non-psychoactive cannabis metabolite results for most positions
- Credit checks permitted where substantially job-related with written disclosure to applicant
- Salary history confirmation permitted only after voluntarily disclosed or after accepted offer with compensation
What's Prohibited
- Inquiring about criminal history before determining applicant is otherwise qualified
- Advertising jobs with language excluding applicants with criminal records
- Using nonpsychoactive cannabis metabolites in pre-employment screening decisions, generally
- Seeking salary history from applicants or their prior employers
Ban the Box Laws
StatewideStatus Summary
Washington’s Fair Chance Act (RCW 49.94 https://app.leg.wa.gov/RCW/default.aspx?cite=49.94... delays criminal-history inquiries until post-conditional offer (7/1/2026 for 15+; 1/1/2027 smaller); bans categorical exclusions; bars arrest/juvenile use; adult convictions require legitimate reason. Enforced by AG (https://www.atg.wa.gov/fair-chance-act). Seattle (https://seattle.gov/documents/departments/laborsta... and Spokane add stricter rules.
Key Requirements
Washington Fair Chance Act (RCW 49.94)
Statewide fair chance employment statute:
- Applies to all employers statewide.
- Delay criminal inquiries until conditional offer.
- Prohibits "no felons" job ads.
- No adverse action for arrests/juvenile records.
- Adult convictions require legitimate business reason.
Sources: https://app.leg.wa.gov/RCW/default.aspx?cite=49.94... https://www.atg.wa.gov/fair-chance-act
HB 1747 (2025 amendments)
Amendments tightening timing and procedures:
- Effective July 1, 2026; Jan 1, 2027.
- Background checks only after conditional offer.
- Two-business-day applicant response period required.
- Written individualized assessment for adverse actions.
- Tiered penalties: up to $1,500 first, $3,000 second, $15,000 subsequent per aggrieved person.
Sources: https://lawfilesext.leg.wa.gov/biennium/2025-26/Pd... https://lawfilesext.leg.wa.gov/biennium/2025-26/Pd...
Seattle Fair Chance Employment Ordinance
Local ordinance supplementing state protections:
- Notice and chance to respond required.
- Must state legitimate business reason.
- Supplements state law; locally stricter.
- Local enforcement mechanisms apply.
Source: https://seattle.gov/documents/departments/laborsta...
Spokane Fair Chance Hiring & "Ban the Address"
City rules adding housing protections:
- Prohibits address inquiries before provisional offer.
- Protects unhoused applicants from exclusion.
- Allows contact-only mailing address collection.
- Enforcement via municipal court; no private suit.
Sources: https://app.leg.wa.gov/RCW/default.aspx?cite=49.94 (state reference), https://www.spokanecity.org/news/ban-the-address/
Ban the Box Best Practices for Washington Employers
- Delay criminal-history inquiries until after conditional job offer.
- Remove criminal-history questions from applications and job postings.
- Never take adverse action for arrest or juvenile records.
- Use individualized assessment; document legitimate business reason.
- Train staff and vet background-check vendors for compliance.
Individual Assessments
Mandatory - StatutoryStatus Summary
Washington mandates individualized assessment under the Washington Fair Chance Act (RCW 49.94, effective June 7, 2018, with significant amendments effective July 1, 2026). The law applies to all employers and prohibits criminal history inquiries on job applications and before determining the applicant is otherwise qualified. The 2026 amendments add a six-factor mandatory assessment, a 2-business-day response period, and expanded employer obligations. Enforced by the Attorney General (Civil Rights Division).
Sources: RCW 49.94 (Tier 1), WA AG Fair Chance Act (Tier 1), NELP tracker (Tier 2).
Key Requirements
Employer Coverage
All employers in Washington (no size threshold). The July 2026 amendments phase in by employer size.
Timing of Inquiries
- May not include criminal history questions on job applications
- May not inquire before determining the applicant is otherwise qualified
- May not advertise positions in a way that excludes applicants with criminal records
Six-Factor Assessment (Effective July 1, 2026)
Before adverse action, employers must conduct an individualized assessment considering:
- The seriousness of the conduct underlying the conviction
- The number and types of convictions on the individual's record
- The amount of time that has passed since the conviction, excluding any periods of incarceration
- Any verifiable evidence of rehabilitation or good conduct, including work experience, education, training, and other relevant information provided by the individual
- The specific duties and responsibilities of the position being sought or currently held
- The place and manner in which the job will be performed
Response Period
2 business days for the applicant to respond before final adverse action.
Penalties
Violations constitute unfair practices; enforced by the Attorney General (Civil Rights Division). Tiered penalties: up to $1,500 first violation, $3,000 second, $15,000 each subsequent, per aggrieved applicant or employee.
Legal Standard
Statute: RCW 49.94 (Washington Fair Chance Act)
Effective: June 7, 2018 (original); July 1, 2026 (amendments with six-factor assessment)
Standard: Six-factor mandatory individualized assessment with 2-business-day response period. One of the most detailed state IA frameworks.
Enforcement: Attorney General (Civil Rights Division).
Individual Assessment Best Practices for Washington Employers
- Remove criminal history questions from all job applications and advertisements.
- Delay inquiries until after determining the applicant is otherwise qualified.
- Conduct and document the six-factor individualized assessment per HB 1747 statutory factors.
- Allow at least 2 business days for applicant response before final adverse action.
- Comply with FCRA adverse action requirements.
- Train hiring personnel on both the original and 2026 amendment requirements.
- Maintain comprehensive written records of every assessment.
Salary History Ban
StatewideWashington Equal Pay and Opportunities Act — RCW 49.58.100
Prohibits employer salary-history inquiries and use:
- Employers may not request salary history
- Applies to all Washington employers
- Cannot require prior-pay minimums
- Confirm only if voluntarily disclosed
- Confirm only after accepted post-offer
Sources: https://app.leg.wa.gov/RCW/default.aspx?cite=49.58... | https://www.lni.wa.gov/workers-rights/wages/equal-...
Remedies and Enforcement — RCW 49.58.060 & 49.58.070
Investigations, damages, and civil actions:
- L&I enforces complaints and investigations
- Private civil actions permitted
- Statutory and actual damages available
- Three-year suit deadline; L&I four-year lookback
Sources: | https://app.leg.wa.gov/RCW/default.aspx?cite=49.58... | https://app.leg.wa.gov/RCW/default.aspx?cite=49.58...
Job Posting Disclosure — RCW 49.58.110
Job posting compensation and cure rules:
- 15+ employers must post wage range
- Include benefits and other compensation
- Fixed wage option begins July 27, 2025
- Five-business-day cure window through July 27, 2027
Sources: https://app.leg.wa.gov/RCW/default.aspx?cite=49.58... | https://lawfilesext.leg.wa.gov/law/wsrpdf/2025/03/...
Salary History Best Practices for Washington Employers
- Do not ask applicants their wage or salary history.
- Remove any salary-history questions from applications and interviews.
- Confirm history only if voluntarily disclosed or after accepted offer.
- Include salary range and benefits in postings if 15+ employees.
- Train hiring staff; document compliance and applicant communications.
Consumer Credit Checks
RestrictedWashington prohibits employers from using creditworthiness information in consumer reports unless substantially job‑related with written reasons or required by law; applies to all employers; seven‑year age limits exclude positions ≥$20,000; enforced under RCW 19.182 and RCW 19.86 https://app.leg.wa.gov/rcw/default.aspx?cite=19.86
Key Requirements
RCW 19.182.040 — Age and salary restrictions
Reporting time limits and salary thresholds: https://apps.leg.wa.gov/documents/Laws/RCW/RCW%20%...
- Seven-year limit on specified adverse items
- Exception for positions $20,000+ annual salary
- Includes convictions, judgments, collections older
- Annual salary must be reasonably expected
Federal Fair Credit Reporting Act (FCRA)
Federal baseline consumer reporting standards: https://dfi.wa.gov/documents/credit-unions/complia...
- Requires consent before obtaining reports
- Mandates adverse-action procedures for employers
- FCRA lacks WA-style credit restrictions
- Comply with both FCRA and RCW
Washington Consumer Protection Act (RCW 19.86)
Enforcement and remedies for violations: https://app.leg.wa.gov/rcw/default.aspx?cite=19.86
- Violations are unfair or deceptive acts
- Consumers may recover damages and fees
- Attorney General enforces and prosecutes violations
Credit Check Best Practices for Washington Employers
- Ensure credit checks are substantially job-related, document justification.
- Provide clear, conspicuous written disclosure and obtain consent.
- Comply with RCW 19.182 and FCRA concurrently.
- Apply $20,000 salary exception correctly; older adverse reporting allowed.
- Provide written adverse-action notices and opportunity to dispute.
Marijuana Protection
Medicinal Marijuana
Washington doesn’t require accommodation of medical cannabis use. For initial hiring, employers generally may not discriminate based on lawful off-duty cannabis use or nonpsychoactive metabolites in preemployment tests, subject to statutory exceptions and federal requirements (RCW 49.44.240).
Recreational Marijuana
Since Jan. 1, 2024, employers generally can’t refuse to hire based on off-duty cannabis use or nonpsychoactive metabolites on preemployment tests, except for listed roles (e.g., clearance, law enforcement, safety-sensitive) and federally required testing (RCW 49.44.240).
Drug Testing Regulations
RCW 49.44.240 (effective Jan 1, 2024) bars initial‑hiring discrimination for off‑duty cannabis use or nonpsychoactive cannabis metabolites; exceptions: federal‑clearance, law‑enforcement, fire/first‑responder, corrections, airline/aerospace, employer‑designated safety‑sensitive; federal mandates preempt.
Permitted Testing Types
Pre-Employment
Allowed for excepted positions; otherwise cannabis metabolite testing prohibited
Random Testing
Permitted for excepted safety-sensitive or federally mandated programs
Reasonable Suspicion
Permitted statewide for suspicion-based testing of employees
Post Accident
Permitted universally for post-accident testing of employees
Workers' Compensation Discount
Research includes no state statute granting workers' compensation premium discounts for preemployment drug testing.
RCW 49.44.240 limits cannabis-based hiring disqualification but does not reference workers' compensation premium discounts.
Best Practices
- Confirm if position falls within RCW 49.44.240 exceptions
- Avoid tests detecting nonpsychoactive cannabis metabolites for non-excepted roles
- Designate safety-sensitive roles before accepting applications
- Document written policies, confidentiality, and testing procedures
- Follow federal testing requirements for regulated or contract positions
Clean Slate Laws
StatewideWashington provides petition-based conviction vacation: felonies (RCW 9.94A.640), misdemeanors/gross misdemeanors (RCW 9.96.060, New Hope Act expanded eligibility in 2024), and juvenile record sealing (RCW 13.50.260). Vacation is NOT automatic; individuals must petition the court and meet eligibility criteria. Vacated convictions are treated as if they never occurred for most purposes. https://app.leg.wa.gov/RCW/default.aspx?cite=9.94a... https://app.leg.wa.gov/RCW/default.aspx?cite=9.96.... https://app.leg.wa.gov/rcw/default.aspx?cite=13.50...
E-Verify Requirements
VoluntaryWho Must Use E-Verify
Private Employers [House Bill 2568]
Not required by state law; E-Verify is voluntary for private employers. Employers must still complete federal Form I-9 and follow anti-discrimination rules. https://lawfilesext.leg.wa.gov/biennium/2011-12/Pd... https://www.justice.gov/crt/form-i-9-and-e-verify
Federal Contractors [Federal law: Form I-9 / E-Verify]
Federal contractors must use E-Verify where contract terms or federal law require it and must comply with Form I-9 and contract conditions. https://www.justice.gov/crt/form-i-9-and-e-verify https://wsdot.wa.gov/employment/workforce-developm...
Any other relevant groups [Local ordinances/municipal procurement rules]
Some Washington municipalities require E-Verify for government contractors or contracts above thresholds (e.g., Clark County, Pierce County); verify applicable local ordinances before contracting. https://lawfilesext.leg.wa.gov/biennium/2011-12/Ht... https://clark.wa.gov/sites/default/files/2025-04/_...
Background Check Regulations
Washington adds state-specific rules—most notably the Fair Chance Act (RCW 49.94) restricting pre‑hire criminal‑history inquiries—so employers must comply with federal requirements (FCRA/EEOC) and applicable state or local laws.
FCRA Compliance Process
Disclosure & Authorization
Provide clear, standalone written disclosure that a background check will be conducted. Obtain separate written authorization from the applicant before ordering the report.
Obtain Background Report
Order the background check from a Consumer Reporting Agency (CRA). Ensure the CRA is FCRA-compliant and provides accurate, up-to-date information.
Pre-Adverse Action Notice
If considering denying employment based on the report, provide the applicant with:
- Copy of the background report
- Copy of "A Summary of Your Rights Under the FCRA"
- Reasonable time to respond (typically 5 business days)
Adverse Action Notice
If final decision is made to deny employment, provide written notice including:
- Name, address, and phone number of the CRA
- Statement that the CRA did not make the decision
- Notice of right to dispute report accuracy
- Notice of right to request additional free copy within 60 days