Washington’s Vast Approach to Background Check Disclosures

Those that have visited the Pacific Northwest know the beauty of the area. The region is known for lush forests, majestic mountains, and stunning waters. Washington alone is home to Olympic National Park, Mount Rainier, and the Columbia River Gorge. One could easily get lost in the wilderness of Washington.

But getting lost in Washington could mean more than just the physical area, especially for employers. The state ranks among the top in labor protection laws – meaning there is a lot for employers in the state to navigate. That includes laws around background checks.

Washington Fair Credit Reporting Act

Like California, New York, and others, Washington has state-specific laws regulating background reports. Chapter 19.182 of the Revised Code of Washington was enacted in 1993. Known as the (Washington) Fair Credit Reporting Act, the Washington state law covers state-specific requirements for background reports.

1. Consumer Reports

Washington state law defines a “consumer report” (“background report”) as any information, with some exceptions, by a consumer reporting agency bearing on a candidate’s creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living used for:

• Employment purposes
• Establishing eligibility for credit or insurance to be used primarily for personal, family, or household purposes
• Other reasons authorized by state law

 Washington Consumer Report Disclosure Requirements:

Employers in Washington must pay attention to state-specific disclosure requirements before obtaining a background report for employment purposes.

If obtaining a background report for employment purposes for someone that isn’t a current employee:

• The employer must provide a clear and conspicuous disclosure, in writing, to the candidate that they may obtain a consumer report for purposes of considering the candidate for employment. Before getting the report, they must provide the disclosure to the candidate. Employers can include the disclosure in a written statement contained in employment application materials; or
• The candidate must authorize the procurement of the report.

If getting a background report for employment purposes for a current employee, the employer must provide a written notice to the employee stating that purpose. This can happen at any time after the person became an employee.

• According to Washington state law, “A written statement that consumer reports may be used for employment purposes that is contained in employee guidelines or manuals available to employees or included in written materials provided to employees constitutes written notice…”

Employers should note additional requirements if the background reports they obtain for employment purposes contain information on a candidate’s creditworthiness, credit standing, or credit capacity.  Employers cannot get a background report on a candidate with this credit information unless the information:

• Is substantially job-related, and the employer discloses their reasons for the use of credit information to the candidate in writing; or
• Is required by law

2. Investigative Consumer Reports

Some employers may want more personal information about their candidates. This might include details about what the candidate is like as an employee, how they perform in certain work situations, or their strengths and weaknesses. For this information, employers may choose to take a more exploratory approach and obtain information about their candidates through personal interviews.

If your background report contains information obtained through personal interviews, you may be obtaining an “investigative consumer report.”  Washington state law defines an investigative consumer report as, with some exceptions, a background report that contains information on a candidate’s character, general reputation, personal characteristics, or mode of living obtained through personal interviews with neighbors, friends, associates, or acquaintances of the candidate.

Washington Investigative Consumer Report Disclosure Requirements:

Washington law requires employers to provide candidates with a unique written disclosure for investigative consumer reports. An employer cannot obtain an investigative consumer report unless either:

• They disclose clearly and accurately to the candidate that they may use an investigative consumer report, including information as to the candidate’s character, general reputation, personal characteristics, and mode of living, and the disclosure:
  • Is made in writing and either mailed or delivered to the candidate within three days after requesting the investigative consumer report; and
  • Includes a written statement informing the candidate of the candidate’s right to request both: (i) A complete and accurate description of the nature and scope of the investigation upon submitting a written request to the employer within a reasonable period after receipt of the disclosure; and (ii) A written summary of the candidate’s rights under Washington state law.
• They will use the report for employment purposes for which the candidate has not specifically applied.

Wondering where to start? We offer sample compliance documents to help. You can review our sample Washington disclosures when creating your own. Simply log into your Verified Credentials Employee® account and go to the Resource Library. Download the “Washington Consumer Report Disclosure” and “Washington Investigative Consumer Report Disclosure” samples to get started.

The state of Washington established these requirements to protect candidates. Employers may want to explore the vast set of rules they face further. Those that hire in the state should work with their legal counsel to learn how these requirements apply to their screening program.