Are employers allowed to ask job applicants about their criminal records?
In Washington, employers are allowed to ask job applicants if they have any criminal records. However, there are restrictions in place on how employers can use this information and when they can ask it. Employers must comply with the Washington State Fair Chance Law when they are considering a job applicant’s criminal records. According to this law, employers are only allowed to ask about criminal records after they have determined that the applicant meets the minimum qualifications for the job. Employers cannot consider any arrests that did not result in a conviction when making their decision. Additionally, employers are not allowed to ask any questions about juvenile records, unless the employer has a valid business interest in doing so. This means that they must have some proof that the juvenile record is related to the job they are hiring for. In order to protect applicants from discrimination based on their criminal history, employers must also look at other factors, such as date of conviction, type of conviction, and type of job being applied for. It is important for employers to take an individual approach when considering the relevance of a criminal record. They are not allowed to simply reject candidates if they have a criminal record. Overall, employers in Washington are allowed to ask job applicants about their criminal records, but must do so within the limits of the Washington State Fair Chance Law.
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