Seattle becomes latest city to “Ban the Box”

Ordinance 124201 seeks to “increase public safety and job assistance through reducing criminal recidivism and enhancing positive reentries to society by prohibiting certain adverse employment actions against individuals who have been arrested, convicted, or charged with a crime; and adding Chapter 14.17 to the Seattle Municipal Code.” The legislation will prohibit employers from automatically excluding individuals with any arrest or conviction record from consideration for employment. While employers may inquire about an individual’s criminal history after they have completed an initial screening to eliminate unqualified applicants, they may not reject a qualified applicant solely based on their criminal record unless they have:

• Identified to the employee or applicant the record or information on which they are basing their employment decision;
• Provided the applicant or employee a reasonable opportunity to explain or correct the information and hold the position open for a minimum of two business days after notifying the applicant or employee to provide them a meaningful opportunity to respond; and,
• A “legitimate business reason” for making the employment decision.

Employers will receive a warning for the first violation of this new law and will be fined between $750 to $1000 per offense, plus attorney fees, for subsequent violations. The Seattle Office of Civil Rights, which has sole enforcement authority over the new law, may investigate employers whether or not a complaint has been filed against them. Seattle joins ten states and over 50 cities and counties across the United States that have adopted similar legislation.]]>