Are employers allowed to ask job applicants questions about their criminal history?

In the state of Washington, employers are allowed to ask job applicants questions about their criminal history. However, employers must adhere to the Washington Fair Chance Act, which prohibits employers from refusing to hire someone simply because of their criminal history. Under the Fair Chance Act, employers are not allowed to include a question about criminal history on job applications. They must instead wait until after a job applicant has been interviewed and/or offered a conditional job offer before asking those questions. Also, employers must review the criminal history of all job applicants in a consistent manner and give applicants the opportunity to explain their criminal record before making any final hiring decisions. They must also consider the level of offense, length of time since the last criminal conviction, and the position in question before making a final decision. Furthermore, employers must provide written notice to job applicants if they are being turned down due to their criminal record. This allows job applicants to challenge any potential discrimination on the basis of their criminal record. In summary, employers in Washington are allowed to ask job applicants about their criminal histories, but they must adhere to the specific guidelines of the Fair Chance Act in order to do so. Failure to do so could result in job applicants filing an employment discrimination complaint against the employer.

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Are employers allowed to ask job applicants questions about their criminal history?

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