Rights of job applicants with criminal records outlined in the flyer.
“The Washington Fair Chance Act – RCW chapter 49.94 – protects job applicants with a criminal record. The law prohibits employers from automatically or categorically excluding workers from consideration before determining that they are otherwise qualified for the position. The law went into effect in June 2018.”
So begins a one-page flyer issued by the Washington State Attorney General’s Office on May 17. NFIB urges its member to review it.
NFIB strongly opposed the legislation creating the law, because it makes the hiring process longer, more complicated, and costlier for small business owners who often review and evaluate dozens or hundreds of applications themselves for each job opening.
We believe it is an unfair burden to deny small employers the tools to quickly screen out applicants whose criminal background may make them unable to perform a particular job. For instance, NFIB provided testimony from a local office equipment supplier who is barred by state contracts from sending technicians with certain conviction history to service copiers at the Department of Corrections and other state agencies.
Similarly, we provided comments from a locksmith who is prohibited from sending technicians with a criminal record into banks, schools, or various government facilities.
Since ‘ban the box’ is now the law in Washington state, small employers like will be forced to wait until further into the hiring process before inquiring about convictions, or conducting background checks, to determine whether applicants might be ineligible for a particular job opening.
The flyer is available in both English and Spanish. Further information about the Fair Chance Act can be read here.
