Washington Fair Hiring Laws

Various laws are in effect that impact employment, including some that dictate the regulations around recruiting and hiring new employees. Review our detailed guide to fair hiring laws in Washington and how they differ from federal regulations.

What Are Fair Hiring Laws?

Fair hiring laws are regulations administered federally by the Equal Employment Opportunity Commission (EEOC) and Department of Labor (DOL). They apply across all states in the U.S., although some states have stricter laws in place. More than 180 laws cover workplace activities, protecting more than 165 million workers. Some of these related to the process of recruiting and hiring new employees.

What Are “Ban-the-Box” Laws?

Ban-the-box laws limit when an employer can ask about a candidate’s criminal history during the hiring process. The term refers to eliminating the box that must be checked on a traditional application when the individual has such a record.

Does Washington Have Fair Hiring Laws That Differ from Federal Fair Hiring Laws?

Yes, the laws in effect in Washington state differ from the federal set of fair hiring laws. There are some additional protections in place against discrimination, as well as a ban-the-box law called the Fair Chance Act.

The Fair Chance Act restricts against using criminal records when making hiring decisions. It is administered under the Washington State Office of the Attorney General’s Civil Rights Division. During the hiring process, an employer cannot ask (verbally or in writing) about an applicant’s criminal record, use a criminal background check to gain such information, or obtain details in other ways, until they have determined an applicant to be otherwise qualified for a position.

Some exceptions apply, including roles that may involve:

• Having unsupervised access to children, vulnerable adults or other vulnerable people
• Working for criminal justice or law enforcement agencies
• Working for financial institutions, registered or national securities entities
• Working for companies that are excluded

Do Washington Hiring Laws Match or Differ from the Federal Equal Pay Act (EPA)?

Washington’s Equal Pay and Opportunities Act (EPOA) expands on the federal law, prohibiting pay discrimination and providing protections against retaliation. The act also promotes pay transparency in job listings by requiring the inclusion of wage ranges and benefits. It specifically prohibits employers from asking about wage history during the hiring process.

Do Washington Hiring Laws Match or Differ from the Age Discrimination in Employment Act (ADEA)?

The law in Washington offers more protections than the ADEA. However, it requires an individual to prove three specific elements (40 years or older, adverse action taken by the potential employer, age was a substantial factor in the decision). Employers may not make hiring decisions based on age.

Do Washington Hiring Laws Match or Differ from the Americans with Disabilities Act (ADA)?

Under Washington law, the definition of a disability is broader than what is found in the ADA. It includes temporary conditions, and does not require that a condition have an impact on a major life activity or that the impact of such a condition cause a substantial limitation.

Do Washington Hiring Laws Match or Differ from the Genetic Information Nondiscrimination Act (GINA)?

RCW 49.44.180 includes details around genetic screenings for employers in the state. No firm or corporation, including the state, is permitted to require an employee to submit to genetic screening or provide genetic information as a condition of employment.

Genetic information is defined as details around inherited characteristics derived from DNA-based or other laboratory testing, medical examination, or family history. Some exceptions apply, including routine physical measurements and urine/blood/chemical analysis, as long as these tests are not performed to diagnose genetic or inherited characteristics.

Do Washington Hiring Laws Match or Differ from Title VII of the Civil Rights Act of 1964?

The Washington Law Against Discrimination is a broader requirement as it applies to employers with 8+ employees. The federal law applies to employers with 15+ employees. It also protects against discrimination based on additional protected classes: immigration status, genetic information, gender identity, sexual orientation, HIV or Hepatitis C status, use of a trained dog or other service animal for a disability, and breastfeeding status.

Are There Different Fair Hiring Laws in Cities or Municipalities Across Washington?

The city of Seattle has the Fair Chance Employment Ordinance in effect, which is slightly different from the statewide ban-the-box law. It was enacted several years before the statewide law went into effect and applies to employees working at least half their time in the city, limiting how arrest and conviction records may be using during the hiring process. The law prohibits exclusions of individuals with criminal records in job ads and limits questions that may be asked in the early stages of hiring.

Employers must also have a legitimate business reason to deny an applicant the job based on their conviction record. The applicant must have the opportunity to correct or explain information found on a criminal record.

With the right tools, ensuring fairness when recruiting and hiring doesn’t have to cause problems. Learn more about the applicant tracking capabilities built into WorkforceHub, like automation of data tracking and reporting for valuable insights. We can help your business maintain compliance with fair hiring regulations.