State and Local Updates Affect What Employers May (and May Not) Require from Job Applicants in Washington State

It’s the season for legislative updates – and Washington State lawmakers are no exception. Job postings have recently been an area of focus in state and local laws. Two recent updates in Washington State impose new requirements on employers concerning the type of information they may and may not seek from job applicants. 

Substitute Senate Bill 5501 – Driver’s License Requirements in Postings

Consistent with the legislature’s ongoing review of Washington’s Equal Pay and Opportunities Act,¹ lawmakers have made further updates to the type of information that employers may include in a job posting. Changes to chapter 49.58 of the Revised Code of Washington will prohibit employers from requiring a valid driver’s license as a condition of employment or including such a requirement in a job posting unless driving is an essential function of the position or related to a legitimate business purpose. This amendment seeks to address concerns that by requiring a driver’s license in the application process, employers may exclude potential applicants with medical disabilities and individuals who choose to use alternative means of transit for work-related travel. Notably, the law does not indicate what can be included in job postings for positions that require driving.

The Department of Labor and Industries (“Department”) is responsible for investigating complaints of a violation of this new law. Remedies may include actual damages or statutory damages of $5,000, whichever is greater, as well as civil penalties, interest, investigative and enforcement costs, and any “other appropriate relief.”

The amendment will take effect on July 27, 2025. It is hoped that the Department will publish guidance on these changes. In the meantime, employers should review the application process for positions within their organization to ensure they require driver’s licenses only for positions where driving is an essential job function or where a license is otherwise related to a legitimate business purpose. 

Spokane Ordinance C36666 – “Ban the Address”

To increase employment opportunities for unhoused individuals, Spokane Mayor Lisa Brown recently signed into law Ordinance C36666 amending Spokane’s local Fair Chance Hiring Ordinance (“the Ordinance”) to address discrimination against unhoused individuals in the job-selection process. These updates will prohibit private employers operating within Spokane city limits from discriminating against applicants based on their housing status, which specifically means whether an individual is experiencing homelessness. “Homelessness” is defined as lacking a fixed or regular residence “including the state of being homeless or unhoused, living on the streets, in a shelter, or in a temporary residence.”  

This amendment will affect Spokane employers in the following key ways: 

• Unless housing status has a “bona fide and legitimate” relationship to the primary job duties of the position, Spokane employers will be prohibited from discriminating against an applicant based on the address they provide during the application process. Further, employers may not disqualify or reject an applicant solely on the basis that they are homeless, lack a fixed or regular residence, or live on the street, in a shelter, or in a temporary residence.
• While employers may provide an opportunity for an applicant to give their mailing address or contact information as part of the application process, employers may not ask in a job application, orally or in writing about an applicant’s housing status. 

Despite these requirements, employers will not be specifically required to provide accommodation or a job modification to facilitate employment for a homeless individual. Further, nothing in the Ordinance prohibits an employer from terminating or rejecting an applicant experiencing homelessness so long as the decision to do so is not based solely on housing status. 

Violation of the Ordinance is enforced through the City’s municipal court system, and does not create a private right of action under state law. 

The amendment becomes effective on May 25, 2025. Spokane employers should review their job postings and hiring practices to ensure that they comply with this new Ordinance.