by Joseph Hoag, Aliah McCord, Rebecca Shelton, Angela Vogel, Davis Wright Tremaine LLP - JD Supra

Employers across Washington state should evaluate whether their background check policies and practices comply with the Washington Fair Chance Act's updated restrictions. On January 1, 2027, the Washington Fair Chance Act's restrictions will apply to all employers with fewer than 15 employees and new, more stringent requirements will apply to every employer. While the Washington Fair Chance Act originally imposed modest procedural limitations on when employers could consider an applicant's or employee's criminal history, the Act's recent amendments go even further, including new restrictions on what criminal history information employers are allowed to consider and additional procedural requirements that may be challenging to navigate.