We update this overview of ban-the-box rules often. But laws change quickly, and we cannot guarantee all information is current. Always consult your attorney for legal advice.
Guidance
Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.
STATE LAWS — PUBLIC AND PRIVATE SECTOR
Who must follow: This ban-the-box law applies to all employers, both public and private, doing business in or operating in Washington.
Timing of inquiry: Employers in Washington may only inquire into criminal history after the applicant is found “otherwise qualified” for the position
Who must follow: This ban-the-box law applies to both public sector employers for the City of Seattle, WA, and private employers in Seattle.
Timing of inquiry: Employers in the city of Seattle may not inquire into criminal history until after the employer has identified qualified applicants.
Adverse action implications:
Pre-adverse action. As part of the pre-adverse action process, you must inform the applicant which specific convictions relate to the job’s responsibilities, thus warranting a denial.
Holding job open: Employers must hold a job open for at least two business days after providing a candidate with a pre-adverse action notice.
Individualized assessment: This location requires employers to perform an individualized assessment prior to final adverse action.
Who must follow: This ban the box law applies to both public employers and private sector employers acting directly or indirectly in the city of Spokane, WA.
Timing of inquiry: Employers in Spokane may not inquire into criminal history until the City has made a conditional offer or conducted the first interview
Adverse action implications:
Individualized assessment: This location requires an individualized assessment be performed prior to final adverse action. Employers must conform to EEOC guidance when taking adverse action based on criminal records. No Employer may disqualify an employee from applicable employment solely because of a prior arrest or conviction, unless the conviction is related to significant duties of the job.
Who must follow: This ban the box law applies to both public employers and private sector employers acting directly or indirectly in the city of Spokane, WA.
Timing of inquiry: Employers in Spokane may not inquire into criminal history until the City has made a conditional offer or conducted the first interview
Adverse action implications:
Targeted Screen:Employers covered under this law must perform a targeted screen prior to sending a pre-adverse action notice.
Waiting period: 10 business days
Individualized assessment: While the language of the law does not require this assessment, GoodHire strongly encourages it
TACOMA, WA – PUBLIC SECTOR
Who must follow: This ban-the-box law applies only to public sector employers for the City of Tacoma, WA.
Timing of inquiry: Public sector employers for the city of Tacoma may only inquire into criminal history after a conditional offer of employment.
Adverse action implications:
Individualized assessment. This location requires employers to conduct an individualized assessment prior to final adverse action.
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