Washington: Fair Chance Act obligations now in effect following updated guidance

At a glance

• Amendmentsto Washington’s Fair Chance Act took effect on July 1, 2026, and apply to employers with 15 or more employees. Employers with fewer than 15 employees will be required to comply with the amendments beginning January 1, 2027.
• Under the amendments, covered employers must (1) delay criminal background checks until after extending a conditional offer of employment and (2) conduct and document an individualized assessment before taking adverse action based on an individual’s conviction history.
• Covered employers must also provide applicants with specific notices when a position is subject to a post-conditional offer background check or when an applicant voluntarily reveals criminal history information. 
• The Washington Attorney General has published the updated act but has not yet published a model version of the additional written notice. Until a model notice becomes available, covered employers must develop and use their own.

As of July 1, 2026, employers in Washington State with 15 or more employees must comply with new obligations under the amended Fair Chance Act. Employers with fewer than 15 employees will be required to comply beginning January 1, 2027.

The amendments require employers to delay criminal background checks until after extending a conditional offer of employment. In addition, if an employer intends to run a criminal background check or if an applicant voluntarily discloses criminal history information, the employer must provide (1) a copy of the Attorney General’s Washington Fair Chance Act Guide for Employers and Job Applicants and (2) a written notice summarizing the Fair Chance Act. The Attorney General has not yet published a model version of the written notice.

In addition, the amendments require employers to conduct an individualized assessment before making an adverse employment decision based on an applicant’s criminal history. The written decision must be provided to the applicant. 

The Attorney General has not yet issued model documents for either the mandatory written notice or the individualized assessment required under the amended legislation. In their absence, employers must develop and use their own compliant versions until official templates become available.