Washington
Washington Employers: Prepare for Hiring Practice Shifts as New Background Check Requirements Take Effect in 2026 + 2027 – Jackson Lewis
Takeaways
- The amended Washington Fair Chance Act prohibits employers from requesting an individual’s criminal background information before a conditional offer of employment is made.
- All employers are covered by the new law, and the new requirements are effective beginning 07.01.26 and 01.01.27, depending on the size of the employer.
- Employers have time to prepare and should consider taking proactive steps.
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In the 2025 legislative session, Washington State expanded its Fair Chance Act in a number of different ways to impose additional limits on employers’ criminal background inquiries of applicants and employees. The changes go into effect for medium and large employers in July 2026 and for small employers in January 2027, giving employers plenty of time to get ready.
Employers with employees in the City of Seattle are already subject to most of these new requirements and restrictions. Therefore, the changes to state law will supplement those Seattle requirements and apply to employers throughout the State.
Timing of Inquiries
Unless otherwise required by law, only post-offer criminal history inquiries and criminal background checks will be permitted. Previously, an employer could potentially inquire earlier, after a candidate was deemed “otherwise qualified.” If a candidate voluntarily discloses a conviction prior to any offer, the employer must provide notification of the law and an Attorney General Fair Chance Act guide for employers and job applicants.
Once receiving information about a candidate’s criminal history, an employer must proceed with caution. The use of automatic disqualifiers for employment cannot be relied upon unless permitted by law.
In addition, the fact that someone has a pending or prior arrest record should not be considered. For individuals convicted of a crime, Washington law will require a legitimate business reason for denying employment.
Individualized Assessment
Washington employers will be required to follow a specific individualized assessment process prior to denying employment. The process mandates:
- Notifying and identifying the record on which the employer relied for purposes of assessing its legitimate business reason;
- Holding the position open a minimum of two business days to provide the individual a reasonable opportunity to correct or explain the rehabilitation, good conduct, work experience, education, and training (“individual assessment factors”); and
- If, after giving the individual a reasonable opportunity to provide additional information, the employer makes a tangible adverse employment decision (such as rescinding a conditional offer or rejecting someone otherwise qualified), the employer must provide the individual with a written decision, including specific documents as to its reasoning and assessment of each of the relevant factors. This analysis would also include considering the impact of the conviction in the position or business operations, and its consideration of the individualized assessment factors.
Exclusions
The law recognizes a variety of exclusions, such as:
- Federal contract recipients;
- Employers hiring persons who will have unsupervised access to children under 18, vulnerable adults, or vulnerable persons as defined by statute; or
- Employers such as financial institutions that are expressly permitted or required under federal or state law to inquire into, consider, or rely upon information about an individual’s criminal record for employment purposes.
Employers should consult with legal counsel to determine if they fall within an applicable exclusion.
The restrictions apply to applicants for Washington-based employment and to Washington-based employees, regardless of whether an employer is based in Washington.
Enforcement
The law will be enforced by the state attorney general, which already enforces existing provisions of the law. The new law allows the attorney general to assess increased penalties. The attorney general may seek other damages, fees, and costs, as well.
Key Steps for Employers
Employers have time to prepare and should consider taking proactive steps:
- Review recruitment processes to ensure they do not request criminal background information before a conditional offer of employment is made.
- Determine which forms will require updating in 2026.
- Review any contracts in place with third parties to ensure compliance with this fair chance initiative.
Employers should keep in mind their obligations under the federal and state fair credit reporting acts if they plan to obtain criminal history reports from third-party vendors.
Jackson Lewis attorneys are available to provide employers assistance with this and other workplace issues.
Washington
The Church of Jesus Christ has announced its 384th temple
The state of Washington is getting a seventh temple of The Church of Jesus Christ of Latter-day Saints.
The Marysville Washington Temple was announced Sunday night during a devotional in the Marysville Washington Stake by Elder Hugo E. Martinez, a General Authority Seventy in the church’s United States West Area Presidency.
“We are pleased to announce the construction of a temple in Marysville, Washington,” the First Presidency said in a statement. “The specific location and timing of the construction will be announced later. This is a reason for all of us to rejoice and express gratitude for such a significant blessing — one that will allow more frequent access to the ordinances, covenants and power that can only be found in the house of the Lord.”
The other temples in Washington are the Columbia River, Moses Lake, Seattle, Spokane, Tacoma and Vancouver temples.
The church has 214 temples in operation. Plans for another 170 temples have been announced; many of those temples are in various stages of planning and construction.
Sunday’s temple announcement follows the new practice of the church’s First Presidency, which determines where temples will be built — and when and how they will be announced.
The First Presidency directed a General Authority Seventy to announce the first temple in Maine at a fireside there in December.
In January, church President Dallin H. Oaks said the Maine announcement set the pattern for future temple announcements.
“The best place to announce a temple is in that temple district,” he told the Deseret News.
The First Presidency will continue to decide where future temples will be built. It then will “assign someone else to make the announcement in the place where the temple will be built,” he said.
This pattern came to him as a strong impression after he assumed leadership of the church in October, following the death of his friend, President Russell M. Nelson.
This came as a strong impression to him shortly after he assumed the leadership of the church, President Oaks said.
The church remains in the midst of an aggressive temple-building era. President Nelson announced 200 new temples from 2018 to 2025. All but one were announced at general conference.
Five dozen temples are now under construction.
President Oaks now has overseen the announcement of two temples, neither at a general conference.
At the October conference he said that “with the large number of temples now in the very earliest phases of planning and construction, it is appropriate that we slow down the announcement of new temples.”
Ten new temples are scheduled to be dedicated in the next six months.
- May 3: Davao Philippines Temple.
- May 3: Lindon Utah Temple.
- May 31: Bacolod Philippines Temple.
- June 7: Yorba Linda California Temple.
- June 7: Willamette Valley Oregon Temple.
- Aug. 16: Belo Horizonte Brazil Temple.
- Aug. 16: Cleveland Ohio Temple.
- Aug. 30: Phnom Penh Cambodia Temple.
- Oct. 11: Miraflores Guatemala City Guatemala Temple.
- Oct. 18: Managua Nicaragua Temple.
Two-thirds of the 170 temples still to be built are outside the United States.
Temples are distinct from the meetinghouses where Latter-day Saints worship Jesus Christ each Sunday. Temples are closed on Sundays, but they open during the week as sanctuaries where church members go to find peace, make covenants with God and perform proxy ordinances for deceased relatives.
Washington
Washington football displays depth, talent at first spring scrimmage
On a perfect day in Seattle for football, Washington took the field inside Husky Stadium for its first scrimmage of spring practice, and ahead of his third season at the helm, Jedd Fisch seemed pleased with the results.
“Guys played and competed their ass off,” he said after the Huskies ran 120 plays. “That’s the type of day we want to have…We have a lot to work on, but we’re excited that today gave us this opportunity.”
The 120 plays had a little bit of everything, but the biggest thing the Huskies showed during the day was that, despite the inexperience that Fisch’s coaching staff is looking to lean on at several positions, there’s plenty of talent littering the roster. The best example of that is sophomore safety Paul Mencke Jr., who had his best practice in a Husky uniform after Fisch announced on Saturday that senior CJ Christian is out for the year after suffering a torn Achilles tendon during Tuesday’s practice at the Virginia Mason Athletic Center.
“Paul’s done a great job of competing and being physical and playing fast, and you could see over these three years, he’s really grown into understanding now the system, and what’s asked of him as a safety,” Fisch said. “I think there’s a lot of in him that he wants to be like (safeties coach Taylor) Mays. He sees himself as a tall, linear, big hitter. So when you have your coach that is known for that type of play, I think Paul has done a great job.”
Mencke was all over the field. Not only did he lay some big hits, just like his safeties coach did during his time at USC, but the former four-star recruit also tallied a pair of pass breakups, an interception in a 7-on-7 period, and multiple strong tackles to hold ball carriers to limited yards.
While the defense did a good job getting pressure throughout the day and making the quarterbacks hold the ball with different looks on the back end, with safety Alex McLaughlin, linebacker Donovan Robinson, and edge rusher Logan George all among the players credited for a sack, quarterback Demond Williams Jr. got an opportunity to show off how he’s improved ahead of his junior year.
Early on, he showed off his well-known speed and athleticism, making the correct decision on a read option, pulling the ball and scampering for a 25-yard gain before displaying his touch. Throughout the day, his favorite target was junior receiver Rashid Williams, whom he found on several layered throws of 15-plus yards in the various scrimmage periods of practice.
On a day when every able-bodied member of the team was able to get several reps of live action, here are some of the other noteworthy plays from the day.
Spring practice notebook
- Freshman cornerback Jeron Jones was unable to participate in the scrimmage and was spotted working off to the side with the rest of the players rehabbing their injuries.
- The running backs delivered a pair of big blows on the day. First, cornerback Emmanuel Karnley was on the receiving end of a big hit from redshirt freshman Quaid Carr before the former three-star recruit ripped off a 13-yard touchdown run on the next play. Later on, every player on offense had a lot of fun cheering on freshman Ansu Sanoe after he leveled Zaydrius Rainey-Sale, letting the sophomore linebacker hear all about it when the play was whistled dead.
- Sophomore wide receiver Justice Williams put together a strong day with several contested catches, showing off his strong hands and 6-foot-4 frame, including a 25-yard catch and run off a drag route from backup quarterback Elijah Brown.
- Of all the tackles for a loss the Huskies were able to rack up throughout the day, two stood out. First, junior defensive tackle Elinneus Davis burst through the middle of the line to wrap up freshman running back Brian Bonner. Later on, freshman outside linebacker Ramzak Fruean wasn’t even touched as he shot through a gap in the offensive line to track down a play from behind, letting the entire offensive sideline know about the play on his way back to his own bench.
- The Huskies experimented with several defensive line combinations on Saturday, and for the first time this spring, it felt like freshman Derek Colman-Brusa took the majority of his reps alongside someone other than Davis, who he said has taken on an older brother role to help mentor the top-ranked in-state prospect in the 2026 class.
“Elinneus is a phenomenal guy. Great work ethic. He’s kind of taken on that older brother mentor for me. He’s been a great help just to learn plays and learn the scheme. Can’t say enough good things about the guy.”
- Ball State transfer Darin Conley took a handful of reps with the first team, while rotating with Colman-Brusa, who got a lot of work in alongside Sacramento State transfer DeSean Watts.
Washington
Sioux Falls art teachers show ‘incredible’ work at Washington Pavilion
Twenty Sioux Falls School District art teachers have their own original pieces on display at the Washington Pavilion’s University Gallery now through May 31.
The “Teachers as Artists” exhibit showcases their work not just as educators, but as artists inside and outside of the classroom, and highlights how art education builds critical thinking, creative problem-solving and self-expression skills.
Edison Middle School art teacher Meagan Turbak-Fogarty said she dreamt of such a showcase since her first year teaching.
She and Kathy Dang, an art teacher at Marcella LeBeau Elementary School who also serves on the city’s Visual Arts Committee, partnered with the city and Washington Pavilion to bring the showcase to life.
Turbak-Fogarty has taught at Edison for five years and said her passion for art is “instantly felt” on her classroom walls, but that students have asked where they could see her art in the classroom, or what kind of art she creates in her own time.
“I always felt the feeling that I stand in front of all these kids every single day and preach about how much I love art, and how art has changed my life,” Turbak-Fogarty said. “That got me thinking, ‘I want to show them.’”
Some of her works on display at the Pavilion include art she created in her first year teaching, including a large Cheetos bag she created as an example for her eighth grade classroom when they were working on a large chip bag project. Turbak-Fogarty said she loves painting, working with acrylics and unconventional materials.
“I wanted to show my students that art can be anything,” she said. “It doesn’t have to be hanging up in a museum to be considered art.”
Continuing to do her own art while teaching the subject helps keep her inspired, Turbak-Fogarty explained, adding that it helps her push her own creativity when it comes to projects she works on with students.
Samantha Levisay, an art teacher at John Harris Elementary School, showed three pieces in the show — “Moments in Time,” “Midnight Butterfly Garden” and “Whimsy” — with the same mixed media, watercolor and printmaking skills that she teaches in different units at every elementary grade.
Levisay educates her students that “art is everywhere.” She said her favorite memories as an art teacher are “moments when I show students a lesson, and they take it even further.”
“Kids are so creative; I marvel at them all the time,” she said. “They inspire me every day with their endless creativity and imagination.”
Roosevelt High School art teacher Ruth Hillman showed two pieces in the show: “The Potato on the Wall,” a mixed media work, and a collection of her handmade clay charms in a shadow box.
She also wore some of her art — miniature potato earrings made of clay.
Hillman is in her third year at RHS. When she’s not teaching art, she’s also making art, and sells her charms at shows like the Art Collective.
Washington High School art teacher Mollie Potter displayed a three-part painting series at the show that she said were inspired by her English language learner students’ stories, and how teachers help students “take flight,” as represented by balloons, parachutes and kites in her work.
Porter said she is often inspired by her students’ art in the classroom; for example, one former student was obsessed with swans, and Porter said she later created a painting inspired by one of the student’s stories about swans.
At an April 17 reception, Mayor Paul TenHaken emphasized the arts as an “important economic driver in the community,” and said the show honored educators “who are artists in and of themselves,” but who might not have had a chance to display their art outside the classroom before.
“This is a way for us to honor them and show their incredible work,” TenHaken said.
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