Sample Background Check Policy Report for a Restaurant Shift Supervisor in Seattle
This page shows a complete sample background check policy report from our policy builder for a small hospitality employer. A fictional restaurant group with 46 employees entered one position, a part-time shift supervisor in Seattle. In return, the builder applied 43 federal, Washington, and Seattle rules and wrote the draft policy language below. Read the guide first, then scroll through the full report exactly as the company received it.
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The scenario behind this sample background check policy
Every report starts with a short questionnaire. For this sample, a fictional employer, Salt & Cedar Kitchens, described a part-time restaurant shift supervisor. The supervisor works at one Seattle restaurant and handles cash. Moreover, the company employs 46 people and uses a background screening company. It asked the builder to recommend the criminal searches. It also plans a pre-offer drug test that includes marijuana, reference checks, and a social media review.
Most of the answers reveal gaps. The company has no written policy, asks about criminal history on the application, and runs the check before the interview. It also counts arrests, asks about prior pay, and sends only the final adverse action notice. Consequently, the report builds a nine-item change list and writes the policy for the company. In contrast to the bank teller sample, this employer is starting from scratch.
| Input | What the company entered | Why it changes the report |
|---|---|---|
| Position | Restaurant Shift Supervisor, part-time, hourly at $26 for 30 hours a week | Pay of about $40,560 a year lifts Washington’s seven-year limit. However, the federal limit on non-conviction records stays in force. |
| Employer | Private restaurant group, no regulated industry, 46 employees | Size triggers Title VII, Washington’s amended Fair Chance Act, and the state pay-range posting rule. |
| Work site | One restaurant in Seattle (King County), Washington; headquarters in Washington | Washington law applies, and Seattle’s Fair Chance Employment Ordinance adds its own limits on arrests and adverse action. |
| Duties | Access to cash, checks, or company financial accounts | Theft and fraud offenses lead the job-related offense list for the screening matrix. |
| Checks planned | Searches left to the builder; felonies, misdemeanors, arrests, and marijuana convictions; pre-offer drug test with THC; reference checks; social media review | The report recommends county, statewide, and federal searches. It also removes arrests and restricts the marijuana test. |
| Gaps | No written policy; asks on the application; checks before the interview; asks about prior pay; no written assessment; final adverse action notice only | Each one becomes an item in “Your process: what to change,” and the draft policy at the end closes them. |
How to read the report
Each recommendation is a card with a colored label and a plain-English instruction. A source line cites the statute, regulation, or guidance behind it. Therefore, your employment counsel can verify every item without re-researching it. The four labels tell you how much weight each card carries.
A law that applies to this position requires or prohibits the step. Where two laws conflict, the report shows the strictest one as required.
No statute compels the step, but skipping it creates real legal risk. Most of these come from EEOC guidance and negligent-hiring case law.
A step that well-run screening programs take everywhere. This sample has one: a fixed seven-year lookback where no state cap applies.
Context the company needs: which laws apply and why, record-keeping periods, and the draft policy language itself.
The strictest rule wins
This supervisor is covered by federal law, Washington law, and a Seattle ordinance at the same time. Instead of listing three versions of each rule, the report picks the most protective one. For example, Seattle lets an employer ask about criminal history after an initial screening. Washington’s amended Fair Chance Act, however, requires a conditional offer first. As a result, the report shows the conditional-offer rule as required.
Gaps become a change list
Near the end, the section “Your process: what to change” repeats only the cards where current practice falls short. Here it lists nine items. Seven are required by law, and two are recommended. Additionally, the numbered draft policy gives the company the written policy it lacks.
What the sections cover
The report has 13 sections in a fixed order. It opens with the FCRA steps every employer must follow. Then it explains which laws apply and when the company may ask about criminal history. Next, it covers which records count and how far back to look. After that come notices, the search package, credit reports, drug testing, salary history, and other checks. Finally, it lists the process changes, the draft policy, and a color-coded checklist of what is in place and what to add.
The sample report: Restaurant Shift Supervisor, Seattle
Below is the full report, rendered as HTML. The cards match what the company saw on screen and in its 15-page PDF. The employer and contact are fictional. However, every rule, citation, and date is real and current as of October 1, 2026. Use the chips to jump to a section.
Start hereLaws applied to this positionWhen you may ask about criminal historyWhich records you may considerHow far back you may lookIndividualized assessment and required noticesRecommended searches for this positionEmployment credit reportsDrug and marijuana testingSalary historyOther checks and verificationsYour process: what to changeDraft policy language for this positionYour answersChecklist
Restaurant Shift Supervisor
Required or prohibited by law 21Strongly recommended to reduce legal risk 12Best practice 1Informational reminder 9
Jurisdictions applied
Start here: the foundation of every screening policy
These items apply to every position you screen. Put them in place before anything else.
Stand-alone disclosure and signed authorization before every report
Before you order any report from a background screening company, give the applicant a written disclosure that consists solely of the statement that a consumer report may be obtained for employment purposes, and get a signed (or e-signed) authorization. Keep waivers, extra terms, and state notices off the disclosure page; put state-required language on a separate page. Certify to the screening company that you have done this and will follow the adverse-action rules.
Source: 15 U.S.C. § 1681b(b)(2) Read the law →
Apply the same screening package to every applicant for the same position
Order the same searches and apply the same written decision criteria to every applicant for this position. Deviations by individual (for example, checking one candidate’s credit but not another’s) are the most common source of discrimination claims, and Title VII disparate-treatment liability attaches to employers with 15 or more employees. Document any exception and the business reason for it.
Source: Title VII; EEOC Enforcement Guidance (2012) Read the law →
Two-step adverse action before any rejection based on a report
If a report may lead you to reject an applicant, first send a pre-adverse action notice with a copy of the report and the CFPB Summary of Rights, then wait at least five business days for the applicant to respond, and only then send the final adverse action notice naming the screening company, stating that it did not make the decision, and explaining the right to dispute and to a free copy within 60 days. Your answers show the two-step sequence is not in place today.
Source: 15 U.S.C. §§ 1681b(b)(3), 1681m Read the law →
Keep a written background screening policy and adverse-action procedure
A written policy that names the searches ordered for each position, the timing, the decision criteria, the individualized-assessment steps, and the adverse-action sequence is what regulators and plaintiffs ask for first. You do not have a complete written policy today; the draft language at the end of this report is a starting point.
Source: EEOC guidance; state requirements
When rules conflict, the strictest one wins
This position is subject to 3 layers of law (federal, state, and local). Where they differ, follow the most protective rule for the applicant; that is the rule shown as “required” below. Recommendations are current as of October 1, 2026.
Keep the file
Keep the disclosure, authorization, report, assessment notes, and notices for at least one year after the decision (two years for federal contractors); several laws require longer (Maryland four years, Los Angeles and San Francisco three years, Massachusetts CORI acknowledgments one year with a dissemination log). Store reports separately from the personnel file and dispose of them securely.
Source: 29 C.F.R. § 1602.14; FTC Disposal Rule Read the law →
Laws applied to this position
Federal law
The Fair Credit Reporting Act governs every report prepared by a screening company; Title VII and the EEOC’s 2012 guidance govern how criminal history may be used (15 or more employees); the ADA governs the timing of medical examinations.
Source: 15 U.S.C. § 1681 et seq.; 42 U.S.C. § 2000e Read the law →
Washington state law
Applied because work is performed in Seattle, King County, Washington. The Fair Chance Act has covered all employers, public and private, of any size since June 7, 2018 (RCW 49.94.005 has no employee threshold). Under the 2025 amendments (HB 1747, 2025 c 71), which apply to employers with 15 or more employees from July 1, 2026 and to all employers from Jan. 1, 2027, an employer may not ask about, run a background check for, or otherwise obtain criminal history until it has determined the applicant is otherwise qualified and made an offer conditioned on the criminal record check; may not advertise that people with records need not apply or categorically exclude them; may not take adverse action based on an arrest record or juvenile record; and may reject or terminate for an adult conviction only with a documented legitimate business reason after notifying the person of the record relied on, holding the position open at least two business days for a response, and then issuing a written decision. Until Jan. 1, 2027 employers with fewer than 15 employees remain under the 2018 rule: no criminal-history inquiry until the employer initially determines the applicant is otherwise qualified (no conditional offer required). If the employer discloses that the job is subject to a background check, or the applicant volunteers record information, the employer must immediately give written notice of the Act’s requirements and the Attorney General’s Fair Chance Act guide (RCW 49.94.010(8)). Exempt: positions with unsupervised access to children or vulnerable adults, employers permitted or required by law to consider records (including financial institutions), law enforcement and criminal justice agencies, nonemployee volunteers, entities subject to securities self-regulatory organization rules, and federal-contract positions that bar people with records. No private right of action; the Attorney General enforces, with penalties of up to $1,500 (first violation, waivable), $3,000 (second) and $15,000 (each subsequent) per aggrieved person under the amended RCW 49.94.030 (the 2018 ladder of notice, then $750, then $1,000 applies to small employers until Jan. 1, 2027). Seattle (all employers) and Spokane add their own rules.
Source: RCW 49.94 (Fair Chance Act, 2018 c 38, all employers since June 7, 2018; as amended by HB 1747, 2025 c 71: employers with 15 or more employees from July 1, 2026, all employers from Jan. 1, 2027) Read the law →
City of Seattle ordinance
Employers with one or more employees working in Seattle may not ask about criminal history or run a check until after an initial screening to eliminate unqualified applicants, and may not advertise categorical exclusions. Employers may not take adverse action based solely on an arrest record, but may ask about the conduct behind an arrest and may consider pending charges where there is a legitimate business reason. Adverse action based on conviction or conduct requires a legitimate business reason weighing the seriousness of the offense, time elapsed, number of convictions, rehabilitation, the job’s duties, and where and how it is performed; the employer must identify the record relied on, give a reasonable opportunity to explain or correct it, and hold the position open at least two business days. Exempt: law-enforcement, security, and criminal-justice positions, and positions with unsupervised access to children under 16, developmentally disabled persons, or vulnerable adults. Washington’s state Fair Chance Act (conditional offer) also applies.
Source: Seattle Mun. Code ch. 14.17 (Fair Chance Employment Ordinance, Nov. 1, 2013) Read the law →
When you may ask about criminal history
Wait until after a conditional offer of employment
Ask about, search for, or consider criminal history only after a conditional offer of employment. This is the strictest timing rule among the laws that apply to this position (Washington). You currently ask on the application, so the application form, interview script, and the point at which you order the report all need to move.
Source: RCW 49.94 (Fair Chance Act, 2018 c 38, all employers since June 7, 2018; as amended by HB 1747, 2025 c 71: employers with 15 or more employees from July 1, 2026, all employers from Jan. 1, 2027) Read the law →
Remove criminal-history language from job ads and applications
Delete the conviction question from the application form and remove statements such as “no felonies” or “clean record required” from postings; most fair-chance laws (for example Colorado, New Jersey, Vermont, Maine, Washington, New York City, Philadelphia, Los Angeles, and Seattle) treat such statements as violations. Where the law requires it (Los Angeles County, Philadelphia), the posting must instead state that criminal history will be reviewed after a conditional offer.
Source: State and local fair-chance laws Read the law →
Run non-criminal checks first
Sequence the order: identity and SSN trace, employment and education verification, license checks, and any permitted credit or MVR check before or with the offer; order the criminal search only once the conditional offer has been made. New York City and Los Angeles County make this sequencing mandatory.
Which records you may consider
Never consider sealed, expunged, set-aside, or pardoned records
Every jurisdiction that applies bars their use. Applicants may lawfully deny that these records exist, and screening companies may not report them. Clean-slate laws now seal eligible records automatically in many states, so a record that appeared on a report last year may be off-limits this year. Vacated felony convictions (RCW 9.94A.640(4)) and vacated misdemeanor convictions (RCW 9.96.060(8)) allow the person to state, including on employment applications, that they were never convicted of that crime; sealed juvenile records (RCW 13.50.260(6)) are treated as if the proceedings never occurred and the person may answer accordingly.
Source: State sealing and expungement statutes
Never consider juvenile records
Juvenile adjudications are confidential in every state that applies to this position and may not be requested or used: Screening companies may not report juvenile records once the subject is 21 or older (RCW 19.182.040(1)(f)); like the seven-year rule, this limit does not apply to positions expected to pay $20,000 or more per year (RCW 19.182.040(2)(c)). Employers covered by the amended Fair Chance Act may not take adverse action based on a juvenile conviction record at all (RCW 49.94.010(4)).
Source: State juvenile-records statutes; FCRA § 605 Read the law →
Do not consider arrests, dismissed charges, or pre-trial diversions that did not end in a conviction
You selected one or more non-conviction record types. Remove them from your criteria. City of Seattle bars consideration of arrests and non-convictions.
Source: State fair-employment and arrest-record statutes Read the law →
Reconsider using marijuana-only convictions
Simple-possession convictions are being expunged automatically in many states and rarely relate to job duties; using them invites disparate-impact claims.
Source: State marijuana-conviction protections
Convictions: consider only those that relate to this job
Felony and misdemeanor convictions may be considered, but only through the individualized assessment described below and only where the offense relates to the duties of a Restaurant Shift Supervisor. Blanket exclusions (“no felonies”) are unlawful in the fair-chance jurisdictions that apply here and are treated as presumptively discriminatory by the EEOC everywhere.
Source: EEOC Enforcement Guidance (2012); state fair-chance laws Read the law →
Write job-related criteria for this position
Given the duties you described, the offense categories with a defensible relationship to this job are: theft, fraud, embezzlement, forgery, identity theft, and computer crimes. Put these categories, the time limits, and the assessment factors in a written screening matrix for the position so every reviewer applies the same standard.
Source: EEOC Enforcement Guidance (2012) Read the law →
How far back you may look
Recommended lookback: seven years
No state seven-year cap covers this position. Washington’s seven-year limit (RCW 19.182.040) is lifted for this position because it is expected to pay at least $20,000. Under the federal FCRA, convictions may be reported at any age; arrests and other non-convictions may not be reported after seven years. Recommended scope: seven years. The EEOC treats older records as weaker evidence of risk, and a fixed written limit is easier to defend than open-ended review.
Source: 15 U.S.C. § 1681c; EEOC Enforcement Guidance (2012) Read the law →
Salary and the seven-year rule
Because this position is expected to pay $40,560, below the $75,000 federal threshold, screening companies may not report arrests, civil judgments, collections, or other non-conviction adverse items older than seven years. State thresholds (for example $20,000 in Kansas, New Hampshire, and Washington; $25,000 in New York; $75,000 in Maryland and Texas; none in California, Colorado, Massachusetts, Montana, or New Mexico) are applied above where relevant.
Source: 15 U.S.C. § 1681c(b)(3) Read the law →
Individualized assessment and required notices
Written individualized assessment is mandatory here
You do not currently use a written individualized assessment. It is required for this position. Before withdrawing an offer because of a record, document the nature and gravity of the offense, the time elapsed, and the nature of the job, give the applicant the record and your preliminary reasoning, wait the required period, consider any response, and then issue a final written decision. Washington: Adverse action on an adult conviction requires a legitimate business reason: a good-faith belief that the conduct will impair fitness for the job or harm people, property, reputation or assets, after considering and documenting the seriousness of the conduct, the number and types of convictions, the time elapsed (excluding incarceration), verifiable rehabilitation, good conduct, work, education and training, the duties of the position, and the place and manner of the work (RCW 49.94.005(6)). Before acting, notify the person and identify the record relied on, and hold the position open at least two business days so they can correct or explain it or supply rehabilitation information; if the employer still takes adverse action it must give a written decision with specific documentation of its reasoning and its assessment of each factor (RCW 49.94.010(5)). Applies to employers with 15 or more employees from July 1, 2026 and to all employers from Jan. 1, 2027. City of Seattle: Employers with one or more employees working in Seattle may not ask about criminal history or run a check until after an initial screening to eliminate unqualified applicants, and may not advertise categorical exclusions. Employers may not take adverse action based solely on an arrest record, but may ask about the conduct behind an arrest and may consider pending charges where there is a legitimate business reason. Adverse action based on conviction or conduct requires a legitimate business reason weighing the seriousness of the offense, time elapsed, number of convictions, rehabilitation, the job’s duties, and where and how it is performed; the employer must identify the record relied on, give a reasonable opportunity to explain or correct it, and hold the position open at least two business days. Exempt: law-enforcement, security, and criminal-justice positions, and positions with unsupervised access to children under 16, developmentally disabled persons, or vulnerable adults. Washington’s state Fair Chance Act (conditional offer) also applies.
Source: RCW 49.94.005(6) and 49.94.010(5) (as amended by 2025 c 71; 15+ employees July 1, 2026, all employers Jan. 1, 2027); Seattle Mun. Code ch. 14.17 (Fair Chance Employment Ordinance, Nov. 1, 2013) Read the law →
Washington notices and forms
Washington adds a state pre-adverse action step: before taking any adverse action based in whole or part on a consumer report used for employment purposes, give the consumer the name, address, and telephone number of the consumer reporting agency that provided the report, a description of the consumer’s rights under chapter 19.182 RCW, and a reasonable opportunity to respond to any information in the report the consumer disputes (RCW 19.182.020(2)(d)). After taking adverse action based on a consumer report the user must give the consumer written notice of the action and the name, address, and telephone number of the consumer reporting agency that furnished it (RCW 19.182.110); violations of chapter 19.182 are unfair practices under the Consumer Protection Act, with actual damages and a $1,000 penalty for willful noncompliance (RCW 19.182.150). Before obtaining a report containing credit information the employer must disclose in writing its reasons for using it, unless the information is required by law (RCW 19.182.020(2)(c)). Fair Chance Act notice identifying the record, the two-business-day hold-open period, and the written decision documenting the assessment (RCW 49.94.010(5)) apply in addition to FCRA letters for employers with 15 or more employees from July 1, 2026 and all employers from Jan. 1, 2027.
Source: RCW 49.94 (Fair Chance Act, 2018 c 38, all employers since June 7, 2018; as amended by HB 1747, 2025 c 71: employers with 15 or more employees from July 1, 2026, all employers from Jan. 1, 2027) Read the law →
Recommended searches for this position
County criminal search: current and prior counties of residence
The county court is the source of record; order a search in each county where the applicant has lived or worked in the lookback period, identified through an SSN trace and address history. Statewide and national databases supplement, not replace, county searches.
Source: Industry standard; FCRA § 613 accuracy duties
Statewide repository search where the state offers one
Add the statewide search for each work and residence state that has a usable repository; it catches counties the address history misses. Some states (California, for example) have no public statewide search, and repository data quality varies.
Federal criminal search
Federal district court records (fraud, embezzlement, tax, securities, and computer crimes) do not appear in county or state searches. The duties of this position make a federal search worthwhile.
Database results must be verified at the source before you act on them
A national multi-jurisdictional database is a locator tool. Before any adverse decision, the record must be confirmed against the court of record (the FCRA requires screening companies to keep public-record information complete and current, and several states bar reliance on unverified database hits). Never reject on a database-only result.
Source: 15 U.S.C. § 1681k Read the law →
Employment credit reports
No credit report planned
Good: Washington restricts employment credit checks, and this position would need to be documented under an exemption.
Drug and marijuana testing
Test after the conditional offer
A drug test for illegal drugs is not a medical examination under the ADA, but alcohol tests and any related medical questions are, and must wait until after a conditional offer. Testing everyone after the offer keeps the sequence uniform and avoids collecting medical information (prescriptions, medical-cannabis certifications) before you must. You currently test pre-offer.
Source: 42 U.S.C. § 12112(d) Read the law →
Adopt a written drug-testing policy
The policy should name the positions tested, the substances on the panel, the circumstances (pre offer), the laboratory and medical review officer, and the consequences of a positive or refused test.
Source: Best practice
Marijuana (THC) pre-employment testing is restricted here
Marijuana may not be treated like other drugs for this position. Washington — Since Jan. 1, 2024 employers may not discriminate in initial hiring based on a person’s off-duty cannabis use away from the workplace or on an employer-required drug test that finds nonpsychoactive cannabis metabolites; employers may still base hiring decisions on scientifically valid tests that do not screen for nonpsychoactive metabolites. Exempt: positions requiring a federal background investigation or security clearance; law enforcement agencies; fire departments and fire protection districts; other first responders including 911 dispatchers; corrections officers and positions with direct access to people in custody; the airline and aerospace industries; and safety-sensitive positions in which impairment presents a substantial risk of death, which the employer must identify before the person applies. Federal and state laws requiring controlled-substance testing are not preempted. The rule applies to initial hiring only, not post-hire testing (RCW 49.44.240). Practical options: remove THC from the pre-employment panel for this position, or use a test that detects active THC rather than inactive metabolites where that is what the law allows.
Source: RCW 49.44.240 (2023 c 359, SB 5123; effective Jan. 1, 2024) Read the law →
Salary history
Do not ask about salary history
You plan to ask about prior pay. Stop: Washington — Employers may not seek wage or salary history from the applicant or a current or former employer, or require that prior pay meet any criteria; they may confirm pay only if the applicant volunteers it or after an offer with compensation has been made (RCW 49.58.100, 2019 c 345). Employers with 15 or more employees must include the wage scale or salary range (or the fixed wage, if only a fixed amount is offered) and a general description of benefits in every posting (RCW 49.58.110, effective Jan. 1, 2023). As amended by SB 5408 (2025 c 383, effective July 27, 2025), an employer that receives written notice of a noncompliant posting has five business days to correct it before liability attaches (this cure period expires July 27, 2027), and remedies are statutory damages of $100 to $5,000 per violation, or actual damages, plus civil penalties of up to $500 for a first violation and $1,000 for repeat violations. Remove the question from applications and interview scripts, and tell your screening company not to request prior pay during employment verification.
Source: RCW 49.58.100 (July 28, 2019) Read the law →
Other checks and verifications
Social media review: never request passwords, and wall off protected information
Washington (RCW 49.44.200) prohibits requesting passwords, account access, or “friend” access to personal accounts. Review only public content, have someone outside the hiring decision (or a screening company operating under the FCRA) collect it, remove protected-characteristic information (religion, pregnancy, disability, age, national origin, union activity, lawful off-duty conduct) before it reaches the decision-maker, and apply the same review to every finalist for the position.
Source: State social-media privacy laws Read the law →
E-Verify is voluntary for this position
E-Verify is voluntary under federal law except for federal contractors with the FAR E-Verify clause (48 C.F.R. 52.222-54: enroll within 30 days of award, verify new hires within three business days of hire, and verify existing employees assigned to the contract). Every employer must still complete Form I-9 for each new hire: Section 1 by the first day of work and Section 2 within three business days of the first day of work (8 C.F.R. § 274a.2). The current Form I-9 is the 01/20/25 edition (expires 05/31/2027); USCIS also accepts the 08/01/23 edition through 05/31/2027. Several states mandate E-Verify for private employers above a size threshold; the state rule is shown where it applies. Washington (HB 2105, Oct. 1, 2026) requires written notice to workers within five business days of a federal I-9 inspection and of its results.
Source: 8 C.F.R. § 274a.2; 48 C.F.R. 52.222-54 Read the law →
Your process: what to change
Move the background check to after a conditional offer of employment
You currently run the check before interview. The law for this position requires waiting until after a conditional offer of employment. Update the applicant-tracking workflow so the report is ordered only at that point.
Two-step adverse action before any rejection based on a report
See “Start here: the foundation of every screening policy” above. If a report may lead you to reject an applicant, first send a pre-adverse action notice with a copy of the report and the CFPB Summary of Rights, then wait at least five business days for the applicant to respond,…
Source: 15 U.S.C. §§ 1681b(b)(3), 1681m Read the law →
Keep a written background screening policy and adverse-action procedure
See “Start here: the foundation of every screening policy” above. A written policy that names the searches ordered for each position, the timing, the decision criteria, the individualized-assessment steps, and the adverse-action sequence is what regulators and plaintiffs ask for first. You do not have a complete written policy today;…
Source: EEOC guidance; state requirements
Wait until after a conditional offer of employment
See “When you may ask about criminal history” above. Ask about, search for, or consider criminal history only after a conditional offer of employment. This is the strictest timing rule among the laws that apply to this position (Washington). You currently ask on the application, so the application form,…
Source: RCW 49.94 (Fair Chance Act, 2018 c 38, all employers since June 7, 2018; as amended by HB 1747, 2025 c 71: employers with 15 or more employees from July 1, 2026, all employers from Jan. 1, 2027) Read the law →
Do not consider arrests, dismissed charges, or pre-trial diversions that did not end in a conviction
See “Which records you may consider” above. You selected one or more non-conviction record types. Remove them from your criteria. City of Seattle bars consideration of arrests and non-convictions.
Source: State fair-employment and arrest-record statutes Read the law →
Written individualized assessment is mandatory here
See “Individualized assessment and required notices” above. You do not currently use a written individualized assessment. It is required for this position. Before withdrawing an offer because of a record, document the nature and gravity of the offense, the time elapsed, and the nature of the job,…
Source: RCW 49.94.005(6) and 49.94.010(5) (as amended by 2025 c 71; 15+ employees July 1, 2026, all employers Jan. 1, 2027); Seattle Mun. Code ch. 14.17 (Fair Chance Employment Ordinance, Nov. 1, 2013) Read the law →
Test after the conditional offer
See “Drug and marijuana testing” above. A drug test for illegal drugs is not a medical examination under the ADA, but alcohol tests and any related medical questions are, and must wait until after a conditional offer. Testing everyone after the offer keeps the sequence uniform…
Source: 42 U.S.C. § 12112(d) Read the law →
Marijuana (THC) pre-employment testing is restricted here
See “Drug and marijuana testing” above. Marijuana may not be treated like other drugs for this position. Washington — Since Jan. 1, 2024 employers may not discriminate in initial hiring based on a person’s off-duty cannabis use away from the workplace or on an employer-required drug…
Source: RCW 49.44.240 (2023 c 359, SB 5123; effective Jan. 1, 2024) Read the law →
Do not ask about salary history
See “Salary history” above. You plan to ask about prior pay. Stop: Washington — Employers may not seek wage or salary history from the applicant or a current or former employer, or require that prior pay meet any criteria; they may confirm pay only…
Source: RCW 49.58.100 (July 28, 2019) Read the law →
Draft policy language for this position
Background Screening Policy — Restaurant Shift Supervisor
1. Purpose and scope. [Company Name] conducts background screening for the position of Restaurant Shift Supervisor to verify qualifications, protect employees, customers, and property, and comply with applicable law. This policy applies to all applicants for the position. The same searches and criteria apply to every candidate for the position.
2. Consent. Before any report is obtained from a consumer reporting agency, the candidate receives a stand-alone written disclosure and provides written authorization. State-required notices are provided on a separate page. [Company Name] certifies its compliance to the screening company.
3. Timing. Criminal history is not requested on the application or in job advertisements. [Company Name] asks about, searches for, and considers criminal history only after a conditional offer of employment. Non-criminal checks (identity, employment, education, license) are completed first.
4. Searches. The screening package for this position consists of: county criminal court search in each county of residence and employment during the lookback period; statewide criminal search where available; federal criminal search; national criminal database and sex-offender registry search, with all results verified at the source; references verification; post-offer drug test under the written drug-testing policy. The lookback period is seven years. Records older than the lookback period, sealed, expunged, set-aside, or pardoned records, juvenile records, and arrests or charges that did not result in a conviction are not considered. Pre-trial diversions that ended in dismissal are not considered. Deferred adjudications are treated as non-convictions and are not considered.
5. Decision criteria. A conviction is considered only if it relates to the duties of the position. For a Restaurant Shift Supervisor, the offense categories with a documented relationship to the job are listed in the position screening matrix. No candidate is rejected automatically because of a record.
6. Individualized assessment. Before withdrawing an offer because of a record, the hiring manager and Human Resources document the nature and gravity of the offense, the time elapsed since the offense or completion of the sentence, and the nature of the position; provide the candidate with the record and the preliminary reasons; allow at least 5 business days for the candidate to respond with evidence of inaccuracy, rehabilitation, or mitigating circumstances; consider the response; and issue a final written decision.
7. Adverse action. If a report may lead to an adverse decision, [Company Name] sends a pre-adverse action notice with a copy of the report and the Summary of Rights, waits the period in section 6, and then sends a final adverse action notice that names the screening company, states that the screening company did not make the decision, and explains the candidate’s dispute rights and right to a free copy of the report.
8. Drug testing. Candidates are tested after a conditional offer under the written drug-testing policy, which names the panel, the laboratory, the medical review officer, and the consequences of a positive or refused test. [Marijuana is / is not] included in the pre-employment panel for this position in accordance with applicable law, and medical-cannabis certifications are handled through the accommodation process.
9. Salary history. [Company Name] does not ask candidates or prior employers about compensation history. Offers are based on the budgeted range for the position.
10. Records and confidentiality. Screening reports and assessment records are stored separately from personnel files, accessible only to those involved in the decision, retained for [one / two / four] years after the decision, and then securely destroyed.
11. Review. This policy and the position screening matrix are reviewed at least annually and whenever the position, its work locations, or applicable law changes. Rules current as of October 1, 2026.
Source: Draft for review by counsel
Your answers
The questionnaire answers that produced this report, exactly as the company entered them.
| Job title | Restaurant Shift Supervisor |
| What type of employer are you? | Private company |
| How many employees do you have across all locations? | 46 |
| Is your organization in any of these regulated industries? | None of these |
| Will the background check be obtained from a background screening company (a consumer reporting agency) or run in-house by your staff? | Screening company |
| Where will this position perform its work? | At a fixed work site |
| Work site location | Seattle, King County, Washington |
| Where is your company headquartered? | Washington |
| Who is being screened? | New applicant |
| Employment status | Part-time |
| Is this a managerial or executive position, or exempt from overtime under the FLSA? | No |
| Does the position involve any of the following? | Access to cash, checks, or company financial accounts |
| Will the applicant drive as part of the job? | No |
| Is this a safety-sensitive position under federal law, state law, or your own written policy? | No |
| Is a background check for this position required by a federal or state law, a licensing board, a government contract, or a bonding or insurance requirement? | No |
| Does the position require a security clearance or work on a federal contract? | No |
| Does the position require a professional license or certification? | No |
| How is this position paid? | Hourly |
| Expected annual compensation | $40,560 (from hourly rate × hours × 52) |
| Will you ask the applicant about their prior salary or wage history? | Yes |
| Will you run a criminal history check? | Yes |
| Which criminal searches do you plan to run? | Not sure, recommend for me |
| Which record types do you want to consider? | Felony convictions; Misdemeanor convictions; Arrests that did not lead to conviction; Marijuana-related convictions |
| How far back do you want to look? | Not sure, recommend for me |
| When do you currently ask about criminal history? | On the application |
| Will you use a written individualized assessment (nature of the offense, time elapsed, relation to the job) before rejecting an applicant because of a record? | No |
| Will you apply the same criteria to every applicant for this position? | Yes |
| Will you request an employment credit report? | No |
| Will you drug test? | Yes |
| When will you test? | Pre-offer |
| Will the panel include marijuana (THC)? | Yes |
| Is the position subject to federal drug-testing rules (DOT, FAA, FTA, PHMSA, Coast Guard)? | No |
| Which verifications will you run? | Personal or professional references |
| Will you pull a motor vehicle record (MVR)? | No |
| Will you review the applicant’s social media or other public internet content? | Yes |
| Will any automated, algorithmic, or AI-based tool be used to score, rank, or screen applicants or background reports? | No |
| Will you rescreen employees or use continuous monitoring after hire? | No |
| Will you check federal exclusion lists (OIG, SAM)? | No |
| Has the applicant lived, worked, or studied outside the U.S. in the past 7 years? | No |
| At what stage do you currently run the background check? | Before the interview |
| Do you give applicants a stand-alone FCRA disclosure and get written authorization before ordering the report? | Yes |
| When a report leads you to reject someone, do you send a pre-adverse action notice, wait, and then send a final adverse action notice? | Final notice only |
| What would you like the builder to produce? | Both |
Your screening policy checklist
Green: already in place. Amber: recommended addition. Red: required addition.
- Stand-alone FCRA disclosure and signed authorization You give the stand-alone disclosure and get written authorization before every report.
- Two-step adverse action (pre-adverse notice, wait, final notice) Add to your policy: two-step adverse action before any rejection based on a report.
- Timing of the criminal-history question Ask about, search for, or consider criminal history only after a conditional offer of employment.
- Written screening policy and adverse-action procedure Recommended: keep a written background screening policy and adverse-action procedure.
- Written individualized assessment before any rejection Add to your policy: written individualized assessment is mandatory here.
- Same searches and criteria for every applicant You apply one package and one set of criteria to every applicant for the position.
- Record types limited to what the law allows Add to your policy: do not consider arrests, dismissed charges, or pre-trial diversions that did not end in a conviction.
- Lookback period within the legal limit Your lookback period is within the limit that applies here.
- No salary-history questions Add to your policy: do not ask about salary history.
- Drug and marijuana testing rules Add to your policy: test after the conditional offer; marijuana (THC) pre-employment testing is restricted here.
- E-Verify and Form I-9 E-Verify is not mandated for this position; Form I-9 is still required for every hire.
- Social media review Recommended: review public content only, never request passwords, and wall off protected information before it reaches the decision-maker.
Important
This report is general compliance information prepared from the laws in effect on the date shown. It is not legal advice and does not create an attorney-client relationship. Laws change frequently and local rules may add requirements; confirm the recommendations with your employment counsel before adopting a policy. screeningpolicy.com and Langley Porter AG LLC do not make hiring decisions and are not a law firm.
What a small restaurant group does with this background check policy report
A 46-person restaurant group rarely has an HR department, so the report is built to be finished in a week. The owner generates it and a lawyer reviews it. Then the screening vendor configures it and the managers follow it. Each step below takes less time than the research it replaces.
Send it to counsel
Forward the PDF to your employment lawyer. Every card cites its source, so review takes minutes rather than billable days.
Fix the change list
Work through “Your process: what to change.” Start with the application form, the adverse action letters, and the marijuana test.
Brief your screening vendor
Order the recommended package: county, statewide, and federal searches with source verification. Set the scope to seven years.
Adopt the draft policy
Fill in the bracketed fields and attach the screening matrix. Then calendar an annual review, or a new report when the law changes.
Why a small Seattle employer still needs a position-specific policy
A state law that changed in 2026
Washington’s amended Fair Chance Act reached employers with 15 or more employees on July 1, 2026. It bars any criminal history inquiry until after a conditional offer. The report applies the new rule and tells the company to change its application.
Cannabis testing has limits
Since 2024, Washington employers may not reject applicants over off-duty cannabis use or a test for nonpsychoactive metabolites. The company planned a pre-offer test that includes THC. The report marks the limit as required and offers practical options.
Notices most small employers miss
The company sends only a final adverse action letter today. The FCRA requires a pre-adverse notice first, and Washington adds its own pre-adverse step. The Fair Chance Act also requires holding the job open at least two business days. The report lists each notice and its source.
Sample background check policy report: frequently asked questions
What is a sample background check policy report?
It is a real output of our policy builder for one job position, shown here as an example. The report lists every federal, state, and local screening rule that applies to the position. It labels each one by weight, cites its source, and ends with draft policy language. This sample covers a part-time shift supervisor at a 46-employee restaurant group in Seattle, Washington.
Is Salt & Cedar Kitchens a real employer?
No. The company and the contact name are fictional, and the answers were chosen to show a typical small hospitality hiring scenario. However, every rule, citation, penalty amount, and effective date is real. All of them are current as of the date printed on the report.
Why does a part-time restaurant job produce 21 required items?
The FCRA applies to every employer that uses a screening company, and Title VII and the ADA apply at 15 employees. Washington then adds its Fair Chance Act, cannabis testing limits, a salary-history ban, and its own consumer report notices. Seattle adds its Fair Chance Employment Ordinance. None of those laws care that the job is part time.
What do the red, amber, green, and blue labels mean?
Red means a law requires or prohibits the step. Amber means the step is strongly recommended to reduce legal risk, usually under EEOC guidance or negligent-hiring case law. Green marks a best practice with no legal driver. Blue marks a reminder that gives context, such as which laws apply or how long to keep records.
When may a Seattle employer ask about criminal history?
Only after a conditional offer, for an employer of this size. Seattle’s ordinance allows the question after an initial screening. However, Washington’s amended Fair Chance Act is stricter. Since July 1, 2026, employers with 15 or more employees must wait for a conditional offer. The rule reaches all employers on January 1, 2027.
Can a Washington employer test applicants for marijuana?
Only within limits. Since January 1, 2024, employers may not reject an applicant for off-duty cannabis use away from work. They also may not rely on a test that finds only nonpsychoactive metabolites. Some positions are exempt, such as safety-sensitive roles identified before the person applies. The report suggests removing THC from the pre-employment panel or using a test for active THC.
What adverse action steps does the report require?
First, send a pre-adverse action notice with a copy of the report and the Summary of Rights. Then wait at least five business days for a response. Washington adds its own pre-adverse notice with the screening company’s contact details. Finally, send the final adverse action notice. The sample company sends only the final notice today, so the report marks the sequence as a required change.
Why does the report tell the company to stop asking about prior pay?
Washington bars employers from seeking wage or salary history from applicants or prior employers. An employer may confirm pay only if the applicant volunteers it or after an offer that includes compensation. Employers with 15 or more employees must also post the wage scale or salary range. The company planned to ask, so the report marks the ban as a required change.
Can I use the draft policy language as written?
Treat it as a draft for counsel, not a finished policy. Fill in the bracketed fields, such as the company name and the retention period. Then attach the screening matrix and have your employment lawyer confirm the language. The report is general compliance information and not legal advice.
How do I get a report for my own position?
Open the policy builder, answer the questionnaire for one position and its work locations, and pay $25. The report appears on screen instantly and arrives by email as a PDF. Nothing you enter is stored on our servers.
Get the same report for your position in about two minutes
Enter the position, the pay, and every place the person will work. Our engine compiles the applicable federal, state, and local screening laws and returns a color-coded report with draft policy language. Then your counsel reviews it and signs off.
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ScreeningPolicy.com is operated by Langley Porter AG LLC. Reports are general compliance information, not legal advice, and do not create an attorney-client relationship. Confirm every recommendation with your employment counsel before adopting a policy.