...
Summary of differences between federal and state regulations
Arrest & conviction record inquiries
Applies to private and public employers. HB 1298.
Effective July 1, 2018, the Fair Chance Act prohibits employers from inquiring into applicants’ criminal histories until after they have been determined otherwise qualified for the position. Employers are barred from categorically excluding applicants with criminal histories from employment. Exceptions exist for some positions in care, finance, law enforcement, and other fields for which a conviction would automatically disqualify the applicant per law. The Fair Chance Act specifically states that local laws providing additional protections to applicants take precedence over the state law.
Employer immunity from disclosure claims
In Washington state, an employer/former employer may disclose to a prospective employer/employment agency, upon request, information on employee/former employee job performance; diligence, skill, or reliability relating to job duties; or illegal/wrongful acts relating to job duties, unless he/she is not acting in good faith. An employer/former employer may be liable for disclosures not made in good faith. Lack of good faith may be shown if the employer/former employer discloses information that is knowingly false, knowingly misleading, and reckless. Employers/Former employers must document in the employee/former employee’s personnel file the identity of the entity that received such disclosure, keep this identity record for two years, and allow the employee/former employee to inspect the record upon request.
Currently, upon written request of a former employee, an employer must provide to the former employee within 10 days of the request a signed, written statement containing the reasons and effective date of discharge. An employer must also, upon request, make available to an employee at a reasonable time a record of the employee’s name, address, and occupation, employment dates, pay rate(s), amount paid each pay period, and hours worked.
Willfully and maliciously sending a written statement to anyone in order to prevent a person from obtaining or keeping employment and willfully and maliciously blacklisting a person is a crime.
Driving records
In Washington, the state Department of Licensing may furnish an abstract of an individual’s full driving record to an employer, prospective employer, or an agent acting on behalf of an employer or prospective employer for purposes related to driving by the individual as a condition of employment or otherwise at the direction of the employer.
Release of an abstract of the driving record requires a statement signed by:
- The employee or prospective employee that authorizes the release of the record, and
- The employer attesting that the information is necessary for employment purposes related to driving by the individual as a condition of employment or otherwise at the direction of the employer. If the employer or prospective employer authorizes an agent to obtain this information on their behalf, this must be noted in the statement.
State
Contacts
Employer immunity from disclosure claims
Washington Legislative Information Center
Washington Department of Labor and Industries
Arrest record inquiries
Washington State Human Rights Commission
Conviction record inquiries
Washington Department of Corrections
Washington State Human Rights Commission
Driving records
Washington State Department of Licensing
Regulations
Employer immunity from disclosure claims
Revised Code of Washington 49.44.010, Blacklisting – Penalty
Washington Administrative Code 296-126-050, Employment records
House Bill 1625, Employee information disclosure – employer immunity (signed 4/21/05; effective 7/24/05)
Arrest record inquiries
Washington Administrative Code, 162-12-140, Preemployment inquiries
Conviction record inquiries
Revised Code of Washington 9.94A.640, Vacation of offender’s record of conviction
Revised Code of Washington 9.96.060, Misdemeanor offenses—vacating records
Revised Code of Washington 9.96A.020, Employment, occupational licensing by public entity—Prior felony conviction no disqualification—Exceptions
Revised Code of Washington 43.43.815, Conviction record furnished to employer—Purposes—Notification to subject of record—Fees—Limitations—Injunctive relief, damages, attorneys’ fees—Disclaimer of liability—Rules
Washington Administrative Code, 162-12-140, Preemployment inquiries
Driving records
Revised Code of Washington 46.52.130, Abstract of driving record—Access—Fee—Violations
Federal
Contacts
Employer immunity from disclosure claims
None.
Arrest record inquiries
Equal Employment Opportunity Commission (EEOC)
Conviction record inquiries
Equal Employment Opportunity Commission (EEOC)
Regulations
Employer immunity from disclosure claims
None.
Arrest record inquiries
None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.
Conviction record inquiries
None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.