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One to Keep An Eye On: Senate Bill 5312 (Washington)


As with many employment & labor law related cases (and bills) being litigated around the country, there are always a few that stand out.  This is one to keep an eye on.


Recently, Senate Bill 5312 was introduced in the Washington Legislature and is presently working its way through committee at this time.  Senate Bill 5312 is Washington's version of "ban the box" which seeks to mirror other related bills passed by cities and states on the topic.  If passed, the bill would prevent employers from asking applicants about their criminal history during the initial application process.  Violations of this bill would result in penalties being assessed against employers.

Of course, employers could still ask an applicant about their criminal history later on in the application process.  This bill is simply intended to level the playing field and allow all applicants to be judged based upon their qualifications, rather than their criminal history.

Senate Bill 5312 also carves out an exception for businesses that send employees into residential settings or employees that work with minors.  This is standard and has been included in other "ban the box" bills previously in other cities and states.

At this point, this bill still has a ways to go before becoming law (or failing in committee).  Although it would not surprise me if eventually this bill became law.  The question remains whether it will be in this legislative session or the next.


For additional information:  http://www.yakimaherald.com/news/business/local/ban-the-box-senate-bill-would-stop-many-employers-from/article_b771eee4-e684-11e6-b55e-2bb8c812fdf9.html

For a copy of Senate Bill 5312:  http://app.leg.wa.gov/billsummary?BillNumber=5312&Year=2017

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