- Cannot advertise job openings in a way that excludes people with arrest or conviction records.
- Prohibits any inquiries about an applicant’s arrest or conviction until after an interview or conditional offer of employment has been made.
- Cannot disqualify an applicant solely because of a prior arrest/conviction record or for failure to disclose a criminal record prior to determining the applicant is qualified for the position.
Who does this effect?
The law applies to all private employers within the Spokane city limits. Separate requirements are also outlined under the law which apply only to the City of Spokane.
What is prohibited in the law?
Employers may not:
- Advertise job openings in a way that excludes people with arrest or conviction records from applying; however, employers may advertise the requirement for a criminal history inquiry and/or background check during or after the interview process as long as it does not state that an arrest or conviction record will automatically preclude the applicant from consideration for employment;
- Obtain information about an applicant’s arrest or conviction record until after the applicant has participated in an interview or received a conditional offer of employment;
- Use, distribute, or disseminate an individual’s arrest or conviction record except as required by law;
- Disqualify an individual solely because of a prior arrest or conviction unless the conviction is related to significant duties of the job or disqualification is otherwise allowed by this law; or
- Reject or disqualify an applicant for failure to disclose a criminal record prior to initially determining the applicant is otherwise qualified for the position, meaning the applicant meets certain criteria for the position as set out in the job advertisement or description without considering the existence or absence of a conviction or arrest record.
Are there any exceptions?
The ordinance does not apply to:
- Any employer hiring an employee who will have unsupervised access to children under the age of eighteen, a vulnerable adult, or a vulnerable person (as defined under state law);
- Employers that are expressly permitted or required under any federal or Washington state law to inquire into, consider, or rely on information about an applicant’s arrest or conviction record for employment purposes;
- Any General Authority Washington law enforcement agency (as defined under state law); or
- Employers conducting criminal background checks that are specifically permitted or required under state or federal law.
What does this mean for an employer?
- The ordinance is not intended to prohibit an employer from inquiring into or obtaining information about an applicant’s criminal conviction or arrest record or background, and from considering the information regarding such information, after the conclusion of a job interview, or after a conditional offer of employment has been made, and from using such information in any pre‐hire decision.
- Nothing in the ordinance prohibits an employer from declining to hire an applicant with a criminal record or from terminating the employment of an employee with a criminal record.
What are the repercussions for a violation of the law?
A violation of the ordinance is a class 1 civil infraction. Any subsequent violation advances the infraction by one class and may increase the fines. Citations or fines for violations of the ordinance will not be imposed until after January 1, 2019.
recommend you review and discuss with your legal counsel your organization’s policies and procedures to ensure compliance with the changing laws and regulations. Seyfarth Shaw has also provided overviews you may read for Washington State.
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For more information regarding recent legislative changes in other states and jurisdictions, visit our Legislative Updates page.
*Please note: Accurate prepared these materials for informational purposes only. These materials are not intended to be comprehensive, and are not a substitute for, and should not be construed as, legal advice. Accurate does not warrant any statements in these materials. Employers should direct questions involving their organization’s compliance with or interpretation or application of laws or regulations and any additional legal requirements that may apply, to their own legal counsel.