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Vorys

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Navigating Washington’s Strengthened Fair Chance Act: Compliance Obligations for Employers in 2026 and Beyond

The Washington Fair Chance Act does not allow employers to ask about an applicant’s criminal background until the applicant had been deemed otherwise qualified for the role. In 2025, the governor signed House Bill 1747, amending the Fair Chance Act in ways that substantially raise the bar for employer compliance.  The amended law became operative on July 1, 2026, for employers with 15 or more employees, and will extend to employers with fewer than 15 employees beginning January 1, 2027.