Oregon Passes Bill to “Ban-the-Box” on Criminal Records

(Last Updated On: June 19, 2018)

Criminal Records

Special Announcement to all State of Oregon employers:

On June 26, 2015, the Governor of the State of Oregon signed HB-3025. This law will restrict employers in the state from obtaining or asking about criminal records from applicants.

Indeed, under the law, the following restrictions will apply:

(1) It is an unlawful practice for an employer to exclude an applicant from an initial interview solely because of past criminal records.

(2) An employer excludes an applicant from an initial interview if the employer:

(a) Requires an applicant to disclose on an employment application a criminal conviction;
(b) Requires an applicant to disclose, prior to an initial interview, a criminal conviction;
(c) If no interview is conducted, requires an applicant to disclose, prior to making a conditional offer of employment, a criminal conviction.

(3) Subject to subsections (1) and (2) of this section, nothing in this section prevents an employer from considering an applicant’s criminal record when making a hiring decision.

(4) Subsections (1) and (2) of this section do not apply:

(a) If federal, state or local law, including corresponding rules and regulations, requires the consideration of an applicant’s criminal record;
(b) To an employer that is a law enforcement agency;
(c) To an employer in the criminal justice system; or
(d) To an employer seeking a nonemployee volunteer.

The full text of this ordinance is available at Oregon House Bill 3025.

This law will require a review of the hiring process in place and may require changes to that process.

In order to comply with this law, Justifacts recommends that you consult with your legal department. This will help your company determine what changes need to be made to your hiring process.

It is important to note that Justifacts is providing this information as a service to our clients. None of the information contained herein should be construed as legal advice, nor is Justifacts engaged to provide legal advice. We go to great lengths to make sure our information is accurate and useful. We recommend you consult your attorney or legal department if you want assurance that our information, and your interpretation of it, is appropriate to your particular situation.


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