Oregon Background Check Laws

Oregon's 'ban-the-box' law, codified in ORS 659A.360, prohibits most employers from inquiring about an applicant's criminal history on an initial employment application or before the first interview. Employers can only inquire about criminal convictions after the first interview or after a conditional offer of employment has been made. There are exceptions for positions where a criminal conviction would legally disqualify an applicant, or for certain employers (e.g., law enforcement, positions involving vulnerable populations). If an employer decides not to hire an applicant based on criminal history, they must follow an individualized assessment process and provide the applicant with an opportunity to explain or provide mitigating information.

Oregon's ban-the-box law (ORS 659A.360) provides additional protections beyond the federal FCRA by restricting when criminal history can be inquired about. While FCRA governs the use of consumer reports, Oregon law dictates the timing of criminal history inquiries. Employers must comply with both the FCRA's adverse action procedures (pre-adverse action notice, copy of report, summary of rights, reasonable time to respond, final adverse action notice) and Oregon's individualized assessment requirements if a hiring decision is based on criminal history.

Oregon's Equal Pay Act (ORS 652.220) prohibits employers from seeking salary history information from job applicants or their current/former employers. Employers are also prohibited from using an applicant's wage history to determine their starting salary. This law aims to address wage disparities and promote pay equity.

Oregon law does not explicitly impose a general seven-year reporting limitation on criminal convictions for employment purposes, unlike some other states. However, the federal FCRA generally limits the reporting of non-conviction information (arrests not leading to conviction, civil suits, etc.) to seven years. Convictions can generally be reported indefinitely under FCRA, but Oregon's ban-the-box law and individualized assessment requirements still apply to their use.

Under Oregon law, expunged or sealed records are generally not considered public and should not be reported or considered by employers. Employers should not inquire about or use criminal records that have been expunged, set aside, or sealed. Using such records could lead to legal challenges for the employer. If a background check vendor reports expunged information, the employer should dispute it with the vendor and not use the information in hiring decisions.

Oregon's ban-the-box law (ORS 659A.360) functions as a fair chance hiring law by delaying criminal history inquiries and requiring an individualized assessment process before an adverse hiring decision is made based on criminal history. This process requires employers to consider factors such as the nature and gravity of the offense, the time elapsed since the offense, and the nature of the job sought.