Proposed Fair Chance Hiring Legislation in Texas and Washington

Texas and Washington are stepping up their efforts to make hiring fairer with new proposed laws that aim to remove barriers for people with criminal records. These bills haven’t been passed yet, but they show a growing push to level the playing field and give more people a shot at meaningful employment. These measures, known as "Ban the Box" laws, seek to promote equitable hiring practices and enhance opportunities for qualified candidates.

Texas House Bill 2466: Expanding Ban the Box Statewide

On February 5, 2025, Texas lawmakers rolled out House Bill 2466 (HB 2466), a proposal designed to make fair chance hiring the norm across the state. This bill prohibits employers from including questions about an applicant's criminal history on initial job applications. Employers may inquire into or consider an applicant's criminal history only after determining that the applicant is otherwise qualified and has been conditionally offered employment or invited to an interview.

If passed, HB 2466 would apply to private employers with 15 or more employees and all public-sector employers, regardless of size. However, it would not cover independent contractors or gig workers, meaning businesses that rely on freelance or contract labor would not be required to change their hiring processes.

Additionally, HB 2466 would not apply to roles where criminal history must be considered by law, such as law enforcement positions or jobs involving the care of vulnerable populations. If enacted, the bill is scheduled to take effect on September 1, 2025.

Washington House Bill 1747: Strengthening the Fair Chance Act

Washington is also looking to strengthen fair hiring laws with House Bill 1747 (HB 1747), which was introduced on January 30, 2025. This legislation proposes several key enhancements to the existing Washington Fair Chance Act:

• Scope of Criminal Records Considered: Employers would be restricted to considering only adult conviction records, excluding arrest records and juvenile convictions from the hiring decision process.

• Pre-Adverse Action Requirements: Before taking adverse action based on an applicant's criminal history, employers must provide written documentation of the legitimate business reason for the decision. Applicants must be given at least two business days to respond, correct inaccuracies, or provide evidence of rehabilitation.

• Enhanced Penalties and Enforcement: The Attorney General's Office would oversee enforcement, with penalties escalating for repeat violations—$1,500 for a first violation, $3,000 for a second, and $15,000 for subsequent offenses. The bill also prohibits employer retaliation against individuals who file complaints.

If these bills go through, they’ll give job seekers with criminal records better protections and help ensure past mistakes don’t block them from opportunities.

Current Ban the Box Laws in Texas and Washington

Texas

As of March 2025, Texas does not have a statewide "Ban the Box" law in effect. However, on March 6, 2025, Texas legislators passed House Bill 2466 (HB 2466), which is set to take effect on September 1, 2025. This law will prohibit employers from including questions about an applicant's criminal history on initial job applications. Employers may inquire into or consider an applicant's criminal history only after determining that the applicant is otherwise qualified and has been conditionally offered employment or invited to an interview.

Prior to this statewide legislation, the city of Austin had implemented its own Ban the Box ordinance in 2016, becoming the first city in the Southern United States to do so. This local ordinance delayed when employers could conduct criminal background checks until after a conditional job offer had been made, aiming to help reintegrate former prisoners into the workplace and deter employment discrimination.

Washington

Washington State implemented its Ban the Box law, known as the Washington Fair Chance Act (WFCA), on June 7, 2018. This law prohibits public and private employers from inquiring about an applicant's criminal record until after determining that the applicant is otherwise qualified for the position. Specifically, employers are restricted from:

• Including questions about arrest or criminal history in employment applications.

• Asking, either orally or in writing, about the applicant’s arrest or criminal history during initial stages of the hiring process.

• Receiving information through a criminal history background check before determining the applicant is otherwise qualified.

• Implementing policies that automatically or categorically exclude individuals with a criminal record from consideration.

The WFCA aims to provide job applicants with a criminal record the opportunity to fairly compete for job opportunities for which they are otherwise qualified.

Implications for Employers

While these bills are still in the works, employers in Texas and Washington should keep an eye on them and think about how their hiring practices might need to adjust if they become law. Some ways to get ready include:

• Reviewing and Updating Application Processes: Ensure that initial job applications do not include questions about criminal history, aligning with the new regulations.

• Training Hiring Personnel: Educate HR teams and hiring managers on the appropriate timing and manner for inquiring about criminal backgrounds, as well as the documentation required for any adverse actions.

• Establishing Clear Policies: Develop or revise policies to comply with state laws, including procedures for individualized assessments and consideration of rehabilitation evidence.

By proactively adapting to these fair chance hiring laws, employers can contribute to more inclusive workplaces while mitigating legal risks.

For more detailed information, refer to the official legislative documents and consult legal counsel to ensure full compliance with the evolving regulations.