OAR 839-005-0070
Employer Obtainment or Use of Credit History Information: Unlawful Discrimination

(1)

It is an unlawful employment practice for an employer to obtain or use for employment purposes information contained in the credit history of an applicant for employment or an employee, or to refuse to hire, discharge, demote, suspend, retaliate or otherwise discriminate against an applicant or an employee with regard to promotion, compensation or the terms, conditions or privileges of employment based on information in the credit history of the applicant or employee.

(2)

Obtainment or use of credit history information may not be conducted in a manner that results in adverse impact discrimination as prohibited by 42 U.S.C. §2000e-2, ORS 659A.030 (Discrimination because of race, color, religion, sex, sexual orientation, national origin, marital status, age or expunged juvenile record prohibited) and OAR 839-005-0010 (Discrimination Theories: Employment). A finding of adverse impact discrimination does not require establishment of intentional discrimination.

(3)

ORS 659A.320 (Discrimination based on information in credit history prohibited) permits an employer to obtain or use for employment purposes information contained in the credit history of an applicant or employee under circumstances described at 659A.320 (Discrimination based on information in credit history prohibited)(2). ORS 659A.320 (Discrimination based on information in credit history prohibited)(2)(d) permits an employer to obtain or use information contained in the credit history of an applicant or employee if the credit history information is substantially job-related, and the employer’s reasons for the use of such information are disclosed to the employee or prospective employee in writing.

(4)

The burden of proving the employer’s disclosure to the employee of its reasons for the use of such information rests with the employer.

Source: Rule 839-005-0070 — Employer Obtainment or Use of Credit History Information: Unlawful Discrimination, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-005-0070.

839‑005‑0000
Purpose and Scope of these Rules 839‑005‑0003
Definitions: Enforcement of Laws Prohibiting Unlawful Practices 839‑005‑0005
Unlawful Discrimination Defined 839‑005‑0010
Discrimination Theories: Employment 839‑005‑0011
Constructive Discharge from Employment 839‑005‑0013
Bona Fide Occupational Qualification (BFOQ) and Affirmative Action Plan Exceptions in Employment 839‑005‑0014
Successors in Interest for Employment Discrimination 839‑005‑0021
Employment Discrimination Based on Sex or Sexual Orientation 839‑005‑0026
Employment Protections and Rights Relating to Pregnancy 839‑005‑0030
Sexual Harassment in Employment 839‑005‑0031
Exceptions to Discrimination in Employment and Housing Based on Sexual Orientation or Religion 839‑005‑0036
Commissioner’s Complaint for Discrimination Based on Employment Status 839‑005‑0060
Employer Obtainment or Use of Credit History Information: Purpose and Scope of these Rules 839‑005‑0065
Employer Obtainment or Use of Credit History Information: Definitions 839‑005‑0070
Employer Obtainment or Use of Credit History Information: Unlawful Discrimination 839‑005‑0075
Employer Obtainment or Use of Credit History Information: Exceptions 839‑005‑0080
Employer Obtainment or Use of Credit History Information: Determining whether Credit History Is Substantially Job-Related 839‑005‑0085
Employer Obtainment or Use of Credit History Information: Enforcement and Retaliation 839‑005‑0125
Discrimination Based on Protected Activity: Retaliation for Opposing Unlawful Practices 839‑005‑0130
Discrimination Based on Protected Activity: Employees Serving or Scheduled to Serve as Jurors 839‑005‑0135
Discrimination Based on Protected Activity: Insurance Coverage for Employees Serving as Jurors 839‑005‑0138
Discrimination Based on Protected Activity: Child Support Obligations 839‑005‑0140
Accommodation of Employee Religious Practices 839‑005‑0160
Protections for Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Unlawful Employment Practices 839‑005‑0170
Protections for Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Reasonable Safety Accommodation 839‑005‑0195
Housing Discrimination: Purpose and Scope 839‑005‑0200
Housing Discrimination: Definitions 839‑005‑0205
Housing Discrimination: Prohibited Discrimination in Real Property Transactions 839‑005‑0206
Discrimination Theories: Housing 839‑005‑0210
Housing Discrimination: Exceptions 839‑005‑0215
Housing Discrimination: Religious Exemption 839‑005‑0220
Housing Discrimination: Discrimination in Real Property Transactions Against Individuals Based on Disabilities 839‑005‑0300
Discrimination by Career Schools: Purpose and Scope 839‑005‑0305
Discrimination by Career Schools: Definitions 839‑005‑0310
Discrimination by Career Schools: Unlawful Discrimination 839‑005‑0315
Discrimination Theories: Career Schools 839‑005‑0320
Discrimination by Career Schools: Authority of Superintendent of Public Instruction Related to Complaints under ORS 345.240 839‑005‑0325
Discrimination by Career Schools: Retaliation or Discrimination 839‑005‑0400
Employer Access to Employee or Applicant Social Media Accounts: Unlawful Employment Practice
Last Updated

Jun. 8, 2021

Rule 839-005-0070’s source at or​.us