The Future of Hiring in Washington: Understanding House Bill 1747
The Washington state legislature is actively considering House Bill 1747, a measure that promises to transform the landscape of employer practices regarding criminal background checks. If enacted, the bill would impose significant changes that could affect hiring policies across the state.
A Step Further in Fair Chance Hiring
Since 2018, Washington has been committed to fair chance hiring, a policy that limits employers from asking about criminal records before assessing an applicant’s qualifications. House Bill 1747 aims to extend these stipulations even further, aligning Washington’s laws with those found in other progressive jurisdictions like California, New York City, and Philadelphia where inquiries into a candidate’s criminal background can only occur after a conditional job offer.
The Proposed Changes in Detail
Central to HB 1747 is a restructuring of how and when criminal history is assessed during the hiring process. The bill prohibits employers from conducting background checks or asking about criminal history until after a provisional offer of employment has been made. This amendment requires employers to rethink their hiring workflow, as background evaluations that typically occur at the outset would now happen post-offer.
Limits on Adverse Actions Based on Criminal Records
Additionally, HB 1747 establishes new parameters on how criminal records can influence hiring decisions. Employers would not be able to rescind job offers based solely on an arrest record or prior juvenile convictions. For adult convictions, a standard of “legitimate business reason” must be met before any action is taken against an applicant, necessitating thorough documentation and consideration of factors such as:
- The severity of the offense,
- The time elapsed since the conviction, and
- Evidence of rehabilitation or relevant work history.
Waiting Periods and Written Justifications
The bill introduces a mandatory waiting period before employers can take adverse action based on a candidate’s criminal history. After notifying the individual that their record may impact their employment, employers must hold the position open for a minimum of two business days, allowing time for the candidate to respond. Should an employer still decide to proceed with adverse action, a written justification detailing the specific conviction considered and the rationale must be provided.
Expanded Protections for Current Employees
In a notable expansion of protections, HB 1747 extends the fair chance hiring principles to current employees, ensuring that adverse action cannot be taken based on an arrest or juvenile conviction record. Action against existing employees related to adult convictions remains permissible, but only with demonstrated justification related to the job.
The Impact of Compliance Challenges
While the intent of HB 1747 is to enhance employment opportunities for individuals with criminal records, it also introduces complexities for employers. With background checks delayed until after conditional offers, businesses may incur extra hiring costs if later determined that an applicant is unsuitable. Furthermore, compliance with the new requirement for individualized assessments and justification writing creates an additional administrative burden.
Increased Penalties for Noncompliance
Should employers fail to comply with HB 1747, the penalties are significantly heightened compared to current regulations. Fines will increase to:
- Up to $1,500 for first violations per affected individual,
- Up to $3,000 for second violations, and
- Up to $15,000 for subsequent violations.
The Washington Attorney General would have expanded enforcement powers, allowing for the pursuit of damages and attorney fees on behalf of affected individuals, marking a shift in legal accountability.
Preparing for Potential Changes
As the legislative debate continues, employers in Washington should begin reviewing their hiring practices and compliance procedures. An assessment of application processes, interview protocols, and background screening workflows—particularly related to adverse actions—will be crucial for anticipated changes. Training programs for hiring managers on the new requirements will aid in fostering compliant practices.
Final Thoughts
The discourse surrounding fair chance hiring is gaining traction nationwide. As lawmakers reconsider how criminal histories influence employment decisions, HB 1747 propels Washington toward becoming one of the most stringent states regarding criminal background inquiries. Employers are advised to remain vigilant, adapting their policies proactively to navigate this evolving landscape effectively.
