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Washington State and Minneapolis are the newest jurisdictions to the expanding list of municipalities that are imposing Fair Chance requirements for employers that use Criminal history in adverse action. These amendments will require employers to evaluate criminal history as it pertains to the role of the candidate.

Washington State Fair Chance Act

Amendments to the Washington State Fair Chance requirements went into effect on July 1, 2026. Previously, the law required employers not to inquire about criminal history before determining if the applicant was qualified for the position. The amended law requires that an employer must extend a conditional offer of employment to the applicant prior to obtaining a criminal history record check. In addition to the conditional offer of employment mentioned above; employers are required to have a legitimate business reason to take adverse action. According to HB 1747: “The employer believes in good faith that the nature of the criminal conduct underlying the adult conviction record will:

1. Have a negative impact on the employee's or applicant's fitness or ability to perform the position sought or held; or
2. Harm or cause injury to people, property, business reputation, or business assets, and the employer has considered the following factors, and documented as such in accordance with RCW 94.010:
   1. The seriousness of the conduct underlying the adult conviction record;
   2. The number and types of convictions;
   3. The time that has elapsed since the conviction, excluding periods of incarceration;
   4. Any verifiable information related to the individual's rehabilitation, good conduct, work experience, education, and training, as provided by the individual;
   5. The specific duties and responsibilities of the position sought or held; and
   6. The place and manner in which the position will be performed.”

Minneapolis Civil Rights Ordinance

The Minneapolis Civil Rights Ordinance went into effect on August 1, 2025. The first notable amendment was adding to the protected characteristics list: “justice impacted status” which essentially means any person that has a criminal record. The employer cannot use criminal record history in an employment decision unless they can prove it is reasonably based.

According to the Ordinance No. 2025-022:

Justice-impacted status:

1. Any adverse decision by an employer. employment agency. or labor organization based on justice impacted status where such a decision was reasonably based on the relationship of the underlying conduct of the criminal history or record to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the position of employment or occupation, considering the following factors:
   1. Whether the individual was convicted of the offense
   2. The length of time since the alleged offense or conviction
   3. The nature and gravity of the crime
   4. The age of the employee at the time the crime(s) was committed
   5. Any evidence of rehabilitation efforts offered in support of the employee
   6. Any unreasonable risk to property or to the safety or welfare of specific individuals or the general public.
2. An employer may not make an adverse employment decision based on the fact of an arrest that did not result in a conviction, except that for pending criminal matters, an employer is not prohibited from making an adverse employment decision based on a reasonable consideration of the factors in paragraph (1).

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This blog is intended for Choice Screening's current or prospective clients and partners and may not be forwarded outside of Choice Screening, posted online, or otherwise reprinted in whole or in part. The information contained in this blog is meant to be information only, is not all encompassing, nor contains legal advice, expressed or implied. Consult with qualified legal counsel in all matters of employment, business, and background screening law.