(1) A
business or organization shall not make an inquiry to the
Washington state patrol under RCW 43.43.832 or an equivalent
inquiry to a federal law enforcement agency unless the business
or organization has notified the applicant who may be offered a
position as an employee or volunteer, that an inquiry may be
made.
(2) A business or organization shall require each applicant
to disclose to the business or organization whether the
applicant:
(a) Has been convicted of a crime;
(b) Has had findings made against him or her in any civil adjudicative proceeding as defined in RCW 43.43.830; or
(c) Has both a conviction under (a) of this subsection and
findings made against him or her under (b) of this subsection.
(3) The business or organization shall pay such reasonable
fee for the records check as the state patrol may require under
RCW 43.43.838.
(4) The business or organization shall notify the applicant
of the state patrol's response within ten days after receipt by
the business or organization. The employer shall provide a copy
of the response to the applicant and shall notify the applicant
of such availability.
(5) The business or organization shall use this record only
in making the initial employment or engagement decision. Further
dissemination or use of the record is prohibited, except as
provided in RCW 28A.320.155. A business or organization
violating this subsection is subject to a civil action for
damages.
(6) An insurance company shall not require a business or
organization to request background information on any employee
before issuing a policy of insurance.
(7) The business and organization shall be immune from civil
liability for failure to request background information on an
applicant unless the failure to do so constitutes gross
negligence.
[2005 c 421 § 3; 1999 c 21 § 2; 1998 c 10 § 3; 1990 c 3 § 1103. Prior: 1989 c 334 § 3; 1989 c 90 § 3; 1987 c 486 § 3.]
NOTES:
Index, part headings not law -- Severability -- Effective dates -- Application -- 1990 c 3: See RCW 18.155.900 through 18.155.902.