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LANDLORD TENANT LAW CHANGES SENATE BILL 5600

Still Moving Through Legislature

GUIDE TO CRIMINAL RECORDS AND EMPLOYMENT IN WASHINGTON STATE

•Do I have a right to know whether an employer is doing a background check on me?
Usually yes. If an employer does its own investigation, you don’t have a right to know about the investigation. But, if an employer uses a consumer reporting agency, you have a right to know that it is doing the background check.
The federal Fair Credit Reporting Act (FCRA) says that before an employer can request a background check from a CRA, it
must get your consent in writing. The employer must also notify you in writing, in a separate document, that the report may be
used to deny you employment.
•Do I have a right to know if an employer is going to deny me a job based on a background check?
Yes. Before an employer takes adverse action (for example, denies you a job, refuses to promote you, or fires you) based on a criminal record, it must notify you that is has decided to act based on the background check.
The notice must include:

A document called “A Summary of Your Rights Under the Fair Credit Reporting Act”
These rules apply even if an employer has other reasons to reject you. So long as the background check was part of the employer’s
decision, the employer has to follow federal law and give you notice.
Finally, once an employer has taken adverse action against you because of a background check, it has to issue a second notice.
The notice does not need to be written, but it must include: