Washington State Expands Fair Chance Hiring Protections
Washington state is poised to strengthen its “fair chance” hiring laws with House Bill 1747 (HB 1747), expanding protections for job applicants and employees. The bill, passed by the House and currently in the Senate as of February 18, 2026, aims to limit the use of criminal records in employment decisions.
What Does HB 1747 Do?
HB 1747 builds upon the existing Washington Fair Chance Act, which already restricts when employers can inquire about an applicant’s criminal history. The updated legislation seeks to further protect applicants and employees by:
- Delaying Background Checks: The bill likely delays when employers can conduct criminal background checks until later in the hiring process, typically after an initial interview or conditional job offer.
- Restricting Criminal Record Use: HB 1747 likely limits the types of criminal records employers can consider and how they can be used in making hiring decisions.
- Increasing Penalties: The legislation may increase penalties for employers who violate the Fair Chance Act.
Bill Status and Progress
As of February 18, 2026, at 2:37 PM, HB 1747 is in the Senate, having passed the House. The current version is Engrossed – EHB 1747. The bill has progressed through the following stages:
- January 30, 2025: First reading and referral to the House Labor & Workplace Standards Committee.
- February 11, 2025: Public hearing in the House Committee on Labor & Workplace Standards.
- February 19, 2025: Executive action taken in the House Committee on Labor & Workplace Standards; passed with a majority report.
A companion bill, Senate Bill 5549 (SB 5549), exists in the Senate.
Sponsors
HB 1747 is sponsored by Representatives Ortiz-Self, Berry, Scott, Obras, Fosse, Goodman, Farivar, Taylor, Fitzgibbon, Reed, Gregerson, Ormsby, Parshley, Cortes, Hill, Pollet, and Ramel.
Implications for Employers
Employers operating in Washington state should prepare for potential changes to their hiring practices. This includes reviewing and updating background check policies, training hiring managers on the new requirements, and ensuring compliance with the updated Fair Chance Act. Failure to comply could result in penalties.