Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions

ORS 659A.360
Restricting criminal conviction inquiries

  • exceptions

(1)

It is an unlawful practice for an employer to exclude an applicant from an initial interview solely because of a past criminal conviction.

(2)

An employer excludes an applicant from an initial interview if the employer:

(a)

Requires an applicant to disclose on an employment application a criminal conviction;

(b)

Requires an applicant to disclose, prior to an initial interview, a criminal conviction; or

(c)

If no interview is conducted, requires an applicant to disclose, prior to making a conditional offer of employment, a criminal conviction.

(3)

Subject to subsections (1) and (2) of this section, nothing in this section prevents an employer from considering an applicant’s conviction history when making a hiring decision.

(4)

Subsections (1) and (2) of this section do not apply:

(a)

If federal, state or local law, including corresponding rules and regulations, requires the consideration of an applicant’s criminal history;

(b)

To an employer that is a law enforcement agency;

(c)

To an employer in the criminal justice system; or

(d)

To an employer seeking a nonemployee volunteer. [2015 c.559 §1]
Note: 659A.360 (Restricting criminal conviction inquiries) and 659A.362 (Enforcement) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 659A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Source

Last accessed
Mar. 11, 2023

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