During the 2025 legislative session, Washington State enacted several new measures that will significantly impact employer obligations related to hiring practices and personnel recordkeeping. Two statewide bills—HB 1308 and HB 1747—make important changes to employee access to personnel files and the timing and use of criminal background checks in hiring. In addition, the Spokane City Council adopted a local ordinance restricting the use of residential address information in the early stages of the hiring process. These laws reflect a broader legislative focus on increasing transparency for workers and reducing barriers to employment. Read on to understand the implications of these new laws and learn what steps employers should take to prepare for these changes.
HB 1308—New Statewide Right to a Complete Copy of Personnel Records
Washington has long required employers to allow employees to inspect “personnel records,” but the statute did not provide the employee a right to a copy of a personnel file and was silent on what belongs in the file. (RCW 49.12.240, .250). HB 1308 now fills those gaps and includes several other significant changes, beginning July 27, 2025.
Key Provisions of HB 1308 Include:
- Clear definition of personnel file. A “personnel file” now expressly includes job applications, performance evaluations, non-active or closed disciplinary records, leave or accommodation paperwork, payroll records, and employment agreements, if those documents otherwise exist. This statute does not require those documents to be created (but note, other statutes may require specific documents, such as payroll records).
- 21-day, no-fee file deadline. Private employers must provide a complete copy of the personnel file within 21 calendar days of any request by a current or former employee (or authorized representative), at no cost to the employee. This is a change from the current law, which only required personnel files be made available locally for inspection by the employee.
- 21-day termination statement deadline. The deadline for providing a written statement as to the date and reason of termination is extended to 21 days after receipt of a written request of a former employee or their representative.
- Public sector employers continue to process requests under the Public Records Act.
- Private cause of action and escalating statutory damages. The new law now expressly includes a private cause of action for employees to enforce the statute in superior court. If a deadline is missed, statutory damages for each violation is $250 if the requested files or written statement are not provided within 21 days of the request. These damages rise to $500 if the file is not provided within 28 days of the request, and $1,000 after day 35, plus reasonable attorneys’ fees. The statute also imposes $500 in statutory damages for “any other violations.” An employee must give at least five days’ notice before filing suit.
Key Employer Takeaways from HB 1308
No later than July 27, 2025, employers should ensure that HR personnel and front-line supervisors are properly trained on the new statutory requirements. Supervisors in particular should understand that any employee inquiry about access to their personnel records, even informal ones, must be referred to HR. Employers should also review and update employee handbooks or internal policies to reflect the new process for requesting personnel records, including the 21-day deadline and the types of documents that will be provided in response.
Furthermore, because the statute imposes escalating statutory damages and attorneys’ fees for untimely production, employers should establish a calendar-tracked workflow for managing written requests and maintain documentation of compliance with the deadline. Employers should also be prepared to issue a signed statement confirming the date and reason for an employee’s separation upon written request.
HB 1747—Changes to Obtaining and Using Criminal Background Checks
Effective July 1, 2026 for employers with 15 or more employees, and effective January 1, 2027 for employers with less than 15 employees, HB 1747 makes significant changes to Washington’s Fair Chance Act (RCW 49.94), reshaping when and how employers can inquire into and consider an applicant’s criminal history.
Obtaining and Using Criminal Background Checks
While the original 2018 law prohibited employers from asking about criminal convictions on an initial job application, HB 1747 goes further by requiring that all criminal history inquiries and background checks be delayed until after a conditional offer of employment has been made. This applies not just to written applications, but also to interviews, recruiter discussions, and any form of screening conducted before the conditional offer stage.
The bill also imposes new restrictions on how criminal history may be used once it is obtained. Employers are prohibited from taking adverse action based on arrests that did not lead to conviction and from considering juvenile convictions at all. If an employer intends to take adverse action based on an adult conviction, they must now be able to demonstrate a “legitimate business reason,” supported by an individualized assessment of six statutory factors:
- The seriousness of the offense;
- The number and types of convictions;
- The time elapsed since the conviction;
- Evidence of rehabilitation or subsequent good conduct;
- The nature and duties of the job sought and applicant’s ability to perform; and
- The work environment and the place and manner in which the job would be performed.
Mandatory Waiting Period for Applicant Response
In addition, HB 1747 introduces a mandatory two-business-day waiting period after the applicant is notified of the potentially disqualifying conviction. During this time, the applicant must be given an opportunity to respond with additional information, including evidence of rehabilitation or explanation of the circumstances. If the employer decides to proceed with withdrawing the offer or taking other adverse action, it must provide a written explanation outlining the legitimate business reason and how the relevant factors were considered.
Increased Penalties for Employer Violations
Penalties for violations have also been increased. Employers may face civil penalties of up to $1,500 for a first violation, $3,000 for a second, and $15,000 for each subsequent violation, with damages payable directly to the affected applicant or employee. The law also adds an express prohibition against retaliation for asserting rights under the Act. Enforcement authority remains with the Washington Attorney General’s Office, which is empowered to investigate violations, impose administrative penalties, and pursue legal action in court for penalties, unpaid wages, costs, and attorney fees.
Key Employer Takeaways from HB 1747
To comply with HB 1747, employers should revise hiring procedures to ensure that criminal history inquiries and background checks occur only after a conditional offer has been made. Recruiters and hiring managers must be trained to avoid any pre-offer discussion of criminal history, and all application materials should be updated accordingly. Employers will also need to implement a documented, individualized assessment process before taking adverse action based on an adult conviction and must wait two business days after notifying the applicant before proceeding. New templates and workflows should be developed to support these requirements, and background check vendors should be reviewed for compliance.
Spokane’s “Ban the Address” Ordinance
On April 22, 2025, the Spokane City Council approved a groundbreaking fair chance hiring ordinance, known as the “Ban the Address” ordinance, by a 6–1 vote. This first-of-its-kind legislation prohibits employers from inquiring about a job applicant’s current or prior residential address—or otherwise using housing status as a screening criterion—until after a provisional offer of employment has been made. The ordinance aims to prevent discrimination against unhoused individuals and those using shelter addresses or P.O. boxes, ensuring that qualified applicants are not excluded from consideration based on their housing status.
Mayor Lisa Brown signed the ordinance into law on April 25, 2025, and it took effect on May 25, 2025.
Key Provisions of Spokane’s “Ban the Address” Ordinance Include:
- Prohibition on address inquiries: Employers may not ask for an applicant’s address or housing history until after a provisional offer of employment has been extended.
- Protection against housing status discrimination: Employers cannot reject applicants solely because they are unhoused, live in shelters, or use P.O. boxes.
- Allowable contact information: Employers may provide an opportunity for an applicant to provide a mailing address or preferred method of contact solely for communication purposes during the hiring process.
- Enforcement: The ordinance does not create a private right of action; instead, enforcement and all causes of action will be handled by the City of Spokane municipal court.
Key Employer Takeaways from Spokane’s ‘Ban the Address’ Ordinance
Employers hiring for positions physically located in Spokane, including remote or hybrid roles tied to a Spokane worksite, should review and update their hiring practices to ensure compliance with the new ordinance. This includes removing address fields from initial applications and interview guides, reviewing automated applicant-tracking filters, and briefing recruiters on the new constraints.
Reach out to Miller Nash’s employment law team for questions or support when complying with these new laws.
The legal issues impacting this topic are and will continue to be ever-changing (Employment Law in Motion!), and since publication of this blog post, new or additional information not referenced in this blog post may be available.
This article is provided for informational purposes only—it does not constitute legal advice and does not create an attorney-client relationship between the firm and the reader. Readers should consult legal counsel before taking action relating to the subject matter of this article.
