Washington State Published Updated Notice For Fair Chance Amendments Effective July 1, 2026

As previously reported, amendments to Washington’s Fair Chance Act became effective July 1, 2026 for employers with 15 or more employees. 

The amended Act requires that when either an employer discloses that a position is subject to a background check after a conditional job offer or an applicant voluntarily discloses their criminal history, the employer must provide notices to the applicant. Specifically, the employer must provide the applicant: (1) a written notice of certain requirements of the Act; and (2) a copy of the Washington Attorney General’s Fair Chance Act Guide for Employers and Job Applicants.¹

The Attorney General recently posted a revised version of the Guide on its website, so employers should utilize the updated version of the Guide to accompany the requisite notice. As of this writing, the website does not yet contain a sample of the main required notice with the Fair Chance Act requirements.² In addition, the website does not yet provide a sample form for the individualized assessment that the amendments also require. Employers must provide this assessment to an applicant after making a “tangible adverse employment decision” based on the applicant’s criminal history.³ Thus, employers must craft their own versions of both the notice and assessment form unless and until Washington provides samples. 

The publication of the updated Guide serves as a reminder to employers to review all of the other requirements of the Washington Fair Chance Act amendments to help ensure they comply with the amended statute and any applicable local law.

Footnotes

1. RCW 49.94.10(8)(b).

2. Notably, the second page of the Guide lists the requirements of the Act. To determine whether this may be sufficient to comply with the law’s notice requirement, employers should consult counsel.

3. RCW 49.94.10(5)(c).