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Oregon Bans the Box and More

By Michael Klazema on 7/1/2015

Beginning January 1, 2016, Oregon’s ban-the-box law makes it unlawful for employers to exclude applicants from an initial interview solely because of a past criminal conviction. As a result, employers must not require an applicant to disclose a criminal conviction on an employment application before an initial interview; or, if no interview is conducted, before making a conditional offer of employment.

Employers are not prevented from considering an applicant’s criminal history when making hiring decisions if they learn about the conviction history after a conditional offer of employment is made.

Exceptions to the law are few. The law does not apply to volunteers, law enforcement and criminal justice employees, or when required by federal, state, or local law.

What This Means to You:

  • Oregon has made it illegal for employers to require job applicants to disclose criminal convictions before an initial interview or before a conditional offer of employment is made.
  • You should determine whether you have employees Oregon.
  • If you do, review your employment application and the timing of your background checks with your lawyer.

Use backgroundchecks.com’s State and Local Restrictions on Criminal History Inquiries and Background Checks chart for a quick reference to other ban-the-box laws: http://www.backgroundbiz.com/docs/compliance-resources.html

Go here to review Oregon’s House Bill 3025: https://olis.leg.state.or.us/liz/2015R1/Downloads/MeasureDocument/HB3025/Enrolled
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