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.
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 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.
The COVID-19 outbreak is having a global impact. We are doing our best to stay ahead of related closures and disruptions that impact our ability to complete background checks, such as county court closures. Please visit our COVID-19 Updates page in our Help Center for updates as we receive them.