Oregon State Employment Laws

The state of Oregon has restrictions on what can be reported in a background screening report beyond what the Fair Credit Reporting Act (FCRA) dictates.

Restriction	Explanation
Applicant/subject can be required to pay for a background check or a portion thereof	A landlord may charge its average cost of screening tenants not to exceed the cost of a report available from a CRA for similar reports. Additional: Landlord may not charge for screening if no rental units are reasonably available or it has filled the unit(s) prior to conducting the screening. See the statute here for more information.
Ban the Box: Use of criminal record only at/after interview	As of 01/01/2016, employers may not ask about criminal convictions anytime prior to an interview. If there is no interview, employers may not ask about criminal convictions until a conditional offer of employment is made. See the statute here for more information. Notable Exceptions: Exceptions include: when federal, state, or local law requires consideration of an applicant’s criminal history; or for law enforcement agencies; or for employers in the criminal justice system; or for employers seeking nonemployee volunteers.
Ban the Box: Portland	Portland has joined other cities in passing their own ordinance restricting the consideration of a criminal record. This is permitted only after a conditional job offer. Effective July 1, 2016, employers cannot inquire about or access criminal record information prior to this time. Basic data is reviewed here, but further details are provided in the Resource Tab "Municipality and County Ban-the-Box Restrictions." Notable Exceptions: These employers are exempt. 1) Those with fewer than 6 employees, for over 6 at least one employee must perform a majority of their time within Portland. 2) Federal government; 3) State government. 4) Political subdivisions of the State of Oregon, but Portland city employment is covered. 5) Law enforcement agencies. 6) The criminal justice system. Plus here is an additional exemption for volunteers.
Must Provide Notice	If a landlord desires to charge an applicant for the cost of a background screen, special notice must be given. The notice must include the cost of screening, screening criteria, applicant’s right to dispute the information, availability of rental units and amount of deposit required. See the statute here for more information.
Must Provide Notice	The employer must inform the consumer that they are accessing criminal records and to let the CRA know that they have advised the consumer of that fact. See the statute here for more information.
Prohibits salary history inquiry during the hiring process	Effective October 6, 2017. An employer cannot obtain from the applicant or otherwise [CRA verification of employment] seek their salary history. As with some other such laws, the employer can seek to confirm past salary after a job offer is extended that includes the proposed compensation. See the statute here for more information.
Specific reporting required if tenant screening	Effective 01-01-2014, specific limitations are placed on the type of information a landlord can consider. Limitations include previous and pending eviction cases and a landlord can only consider certain types of criminal convictions. The OR legislation has not placed this law on their web page as of yet. The link on this site is to the bill - SB 91. See the statute here for more information.
Use of Credit Report	Employers may not use a credit report unless substantially job-related. (This law is not yet posted on the web by the state of OR.)
Use of Social Media Password Information	Employers are prohibited from requiring or requesting employee or applicant for employment to provide access to personal social media account, to add employer to social media contact list or to allow employer to view employee's or applicant's personal social media account. On June 2, 2015, Governor Brown signed SB 185, an amendment to Oregon’s social media law, which protects an employee’s right not to engage in social media. See the statute here for more information.