Employment Interviews in Washington State

Washington requires careful considerations in interviews that protect individuals from employment decisions based on potentially discriminatory conduct. These considerations include similar categories as those to prevent discrimination during the course of employment. These groups include age, race, national origin, citizenship status, disability, military service, and more.  

While certain questions may be asked to ensure comparability with employment and the ability to meet job requirements, employers must be sensitive to, and careful not to, exhibit preferential treatment towards anyone due to a potential disability, age, or other factors.  

Washington also limits questioning about the criminal history of applicants. Arrests or convictions may only be considered if they are ten years old or less and directly impact a type of employment interacting with vulnerable persons. This group may include children, vulnerable adults, mentally and physically disabled persons. This limitation is intended to ensure that those with a criminal history may move forward with employment while providing protection when a business works directly with vulnerable populations. 

Businesses are also prohibited from discriminating against applicants on the basis of their marital or family status. Potential employers may not ask directed questions about marriage, life partners, household makeup, children, or similar questions aimed at determining family status. Similarly, for those with children, employers may not inquire into childcare arrangements. It is permissible to ask general questions about the ability to meet attendance requirements or perform job functions. 

Long-standing rules strictly prohibit questioning about race, disability, or pregnancy. There is simply no correlation between race and the ability to perform a job. Therefore any questions surrounding race are discriminatory and subject to the liability of the employer. Similarly, an employer may not ask about pregnancy or pregnancy history but may generally inquire if applicants of all genders about projected availability. As with race, there are no permissible questions about religion or creed. 

Applying these rules strictly will prevent employers from experiencing litigation or threat of litigation around discriminatory hiring practices which can be costly both financially and to the reputation of a company.