Oregon Background Check Laws

What are Oregon background check and ban-the-box laws?

We update this overview of Oregon background check laws and ban-the-box rules often. But laws change quickly, and we cannot guarantee all information is current. Always consult your attorney for legal advice.

FCRA State Laws Ban-the-box

FAIR CREDIT REPORTING ACT (FCRA)

In order to set a standard for hiring policies, the federal government created the Fair Credit Reporting Act, or FCRA, which monitors and protects both employers and job candidates.

State laws

O.R.S. 659A.320

Our take: Employers may not inquire into credit history when making an employment decision, unless the position falls under an exception listed under O.R.S 659A.320

Oregon's Equal Pay Act

Our take: Under Oregon’s Equal Pay Act, employers cannot discriminate between employees on the basis of a protected class in salary or wages for comparable work. In other words, an employer cannot provide a greater salary or wage to an employee than that afforded to employees of a protected class for the same kind of work.

Specifically, employers cannot ask an applicant how much he or she is currently paid, base a new hire’s pay on that individual’s current or past compensation, or cut a current employee’s pay in order to comply with the Act.

Exceptions exist when the difference is due to: (1) a seniority system; (2) a merit system; (3) a system measuring earnings by quantity or quality of production (e.g., piece-rate work); (4) workplace locations; (5) travel (if necessary and regular for employees); (6) education; (7) training; or (8) experience.

BAN-THE-BOX AND FAIR HIRING LAWS

STATE LAWS — PUBLIC AND PRIVATE COMPANIES

Who must follow: This ban-the-box law applies to all employers, both public and private, in the state of Oregon.

Timing of inquiry: Employers in Oregon may only inquire into criminal history after the initial interview, or if no interview is conducted, after a conditional offer of employment.

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LOCAL LAWS — PUBLIC AND PRIVATE COMPANIES

See which Oregon counties and cities have local ban-the-box and fair hiring laws.

GET ALL Ban-the-Box Laws