New law impacting Seattle employers – Effective November 1, 2013
The Seattle City Council voted unanimously to adopt a new ordinance that grants criminal offenders special rights in job application processes. Seattle Municipal Code (SMC) 14.17 regulates the use of criminal background information in employment decisions. Absent a “legitimate business reason”, employers are prohibited from using criminal convictions as the basis for denying employment for qualified applicants or employees.
The ordinance takes effect November 1, 2013. Thereafter, Seattle employers shall be prohibited from making any inquiry on a job application about an applicant’s criminal history. This ordinance impacts employers with one or more employees in the city of Seattle, exempting only certain governmental bodies. The term “Employer” includes job placement and referral agencies, placing applicants for jobs within Seattle City limits. The law protects employees who perform a substantial portion of their services (e.g., at least 50%) within the City of Seattle.
In the hiring process, employers are specifically prohibited from making categorical exclusions from the applicant pool based on records of arrest or conviction. For example, job postings which state “no felons” are prohibited. Employers must first screen applications on the basis of the qualifications of the applicants, without regard to criminal background information. The new law permits employers to conduct a criminal background check only after the employer has completed an initial screening of applications or resumes, to eliminate unqualified applicants.
If criminal background information is revealed by the applicant or employee, the new law prohibits employers from rejecting an otherwise qualified applicant, or discharging, suspending, disciplining, demoting, or denying a promotion to an existing employee, solely on the basis of an arrest record. Employers may inquire about the conduct related to an arrest record but can only take a tangible adverse employment action if there is a legitimate business reason for taking such action. Employers must also allow time for the applicant or employee to correct an inaccurate arrest record.
The Seattle Office for Civil Rights is the enforcing agency, with the power to second-guess employer’s hiring decisions.