Significant amendments to the state’s Fair Chance Act took effect July 1, 2026, for employers with 15 or more employees (smaller employers must comply by January 1, 2027). The updates place new notice and documentation requirements on the hiring process when criminal history is involved.

Employers must now provide specific documentation to applicants in two scenarios:

  • After a conditional offer: When informing an applicant that the position is subject to a criminal background check.
  • Upon voluntary disclosure: When an applicant voluntarily shares their criminal history.

In both cases, employers must provide the applicant with a written notice describing the Fair Chance Act requirements, along with a copy of the Washington Attorney General’s newly updated Fair Chance Act Guide for Employers and Job Applicants.

Before taking a tangible adverse employment action based on an applicant’s criminal record, employers must provide notice of the potentially disqualifying information and hold the position open for at least two business days to allow the applicant an opportunity to respond. If the employer proceeds with the decision, it must provide a written individualized assessment explaining the legitimate business reason for the action.

While the Attorney General has published the updated Guide, the agency has not yet released model templates for the required written Fair Chance Act notice or the individualized assessment form. Since official state templates are not available, employers must proactively draft their own compliant documents to avoid legal risk.

 

Disclaimer: This communication is for general informational purposes only and does not constitute legal advice. The summary provided in this alert does not, and cannot, cover in detail what employers need to know about the amendments to the Philadelphia Fair Chance Law or how to incorporate its requirements into their hiring process. No recipient should act or refrain from acting based on any information provided here without advice from a qualified attorney licensed in the applicable jurisdiction.