Washington HR guidance for practitioners.
Pick a topic below to see the federal rule, the WA statute, and the practitioner steps Ask HR AI walks you through in a session.
Washington at a glance
- Report lookback: 7 years (FCRA default). Washington applies FCRA. Vacated records under RCW §9.94A.640 must be suppressed.
- Ban-the-box: Statewide, conditional-offer rule (RCW §49.94 as amended by E2SHB 1747). The amended Washington Fair Chance Act took effect July 1, 2026 for employers with 15 or more employees, and takes effect January 1, 2027 for employers with fewer than 15. Criminal-history inquiries are deferred until after a conditional offer, a documented individualized assessment is required before any adverse action based on conviction history, and the employer must supply the Washington Attorney General's Fair Chance Act Guide for Employers and Applicants in the circumstances the statute specifies. Arrests, juvenile adjudications, and non-conviction adult records are off-limits. AG enforcement penalties escalate to $500, $750, and $1,000 for first, second, and subsequent violations.
- Salary history: Banned (RCW §49.58.100). Employers may not seek wage-history information. Effective Jan 1, 2023, employers with 15+ workers must disclose pay range and a general description of benefits in postings.
- Cannabis: SB 5123 (2024) + SB 5793 (2026). SB 5123 prohibits pre-employment hiring decisions based on a test detecting only non-psychoactive cannabis metabolites. SB 5793, effective March 7, 2026, narrows the safety-sensitive carve-out to roles where impairment poses a substantial risk of death or serious bodily injury.
Washington topics
FCRA adverse action in Washington
The two-step FCRA adverse action process: pre-adverse notice with a copy of the report and Summary of Rights, a reasonable waiting period, and the final adverse action notice.
Read the WA guideBan-the-Box and Fair Chance hiring in Washington
When employers may ask about criminal history, individualized assessment requirements, and the state and city ordinances that add rules on top of federal EEOC guidance.
Read the WA guideWage and hour in Washington
FLSA exempt vs non-exempt classification, overtime rules, meal and rest breaks, off-the-clock work, and state daily-overtime rules that overlay the federal floor.
Read the WA guideLeaves and accommodations in Washington
Coordinating FMLA, ADA reasonable accommodation, workers' comp, pregnancy accommodation, and state paid family and medical leave programs.
Read the WA guideDrug testing and marijuana in Washington
Pre-employment, reasonable-suspicion, and post-accident drug testing across states with off-duty cannabis protections and safety-sensitive carve-outs.
Read the WA guidePay transparency and pay equity in Washington
State and city pay range disclosure laws, pay equity analyses, and how to respond to an applicant's compensation question.
Read the WA guideHarassment prevention and training in Washington
Mandatory sexual harassment training in CA, NY, IL, CT, DE, ME, WA — plus prevention policies, complaint channels, and Faragher/Ellerth defenses.
Read the WA guideBackground check basics for HR in Washington
What a compliant employment background check includes, FCRA disclosure and authorization, and how to interpret common report components.
Read the WA guideRelated SafestHires resources for Washington
- Washington background-check rules — the underlying state-screening reference.
- Washington FACIS® healthcare screening — Medicaid exclusion and licensing boards.
- All states — jump to another state.