WASHINGTON STATE ENACTS BAN THE BOX

On March 13, 2018, Washington state Governor Jay Inslee signed the Washington “Fair Chance Act (HB 1298),” which will prohibit employers from asking about arrests or convictions before an applicant has been determined otherwise qualified for the position.  In other words, Washington State enacts ban the box.

The law started as of June 7, 2018. Therefore, with the passing of Washington’s ‘Fair Chance Act’, all west coast states enacted ban the box laws.

While requesting a criminal background screening appears normal before a formal conditional job offer, it proves wise to wait until such an offer is made. But, keep in mind that the Equal Employment Opportunity Commission (EEOC) believes criminal records should not be ordered before a job offer is made.

When can an employer ask about a criminal record? 

An employer can only ask about an applicant’s criminal record after determining the applicant meets the basic criteria for the position as set out in the advertisement or job description without consideration of a criminal record.

Exclusions:

• Employers hiring those who will have unsupervised access to:
  • Children.
  • Vulnerable adults.
  • Any vulnerable person as defined by state law.
• Financial institutions required by law to inquire, consider or rely upon content about criminal information.
• Law enforcement
• Non-employee volunteers
  • Volunteers coaches.
  • Event helpers.
  • Those serving on a charitable board.
• Those required to check criminal records under the Securities and Exchange Act.