State Police

ORS 181A.668
Request for employment information

  • injunction to compel disclosure
  • confidentiality


(1)

As used in this section:

(a)

“Employment information” means written information in connection with job applications, performance evaluations, attendance records, disciplinary actions, eligibility for rehire and other information relevant to the performance of a public safety officer.

(b)

“Law enforcement unit” has the meaning given that term in ORS 181A.355 (Definitions for ORS 181A).

(c)

“Public safety officer” has the meaning given that term in ORS 181A.355 (Definitions for ORS 181A).

(2)

When an employer receives a request for employment information from a law enforcement unit for the purpose of hiring an applicant to be a public safety officer, the employer shall provide the employment information to the law enforcement unit if:

(a)

The request is made in writing; and

(b)

The request is accompanied by a notarized authorization by the applicant releasing the employer of liability.

(3)

An employer may charge reasonable fees to cover actual costs incurred in disclosing employment information under this section.

(4)

An employer is not subject to civil liability arising out of the disclosure of employment information under this section.

(5)

A law enforcement unit may bring an action for an injunction in circuit court to compel an employer to disclose employment information under this section.

(6)

Employment information disclosed to a law enforcement unit under this section is confidential as provided in ORS 192.355 (Public records exempt from disclosure) (4) and may not be further disclosed by the law enforcement unit, except to another law enforcement unit conducting a background check for the purpose of hiring the applicant. A law enforcement unit that receives employment information from another law enforcement unit under this subsection may use the information only for investigative leads and shall independently verify the information. [2021 c.299 §5]
Note: 181A.668 (Request for employment information) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 181A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source

Last accessed
May 26, 2023