We update this overview of ban-the-box rules often. But laws change quickly, and we cannot guarantee all information is current. Always consult your attorney for legal advice.
Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.
STATE LAWS — PUBLIC AND PRIVATE SECTOR
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.
Who must follow: This ban-the-box law applies to all public sector employers for the city of Portland, OR, in addition to all private sector employers with at least 6 employees.
Timing of inquiry: Employers in the city of Portland may only inquire into criminal history after a conditional offer of employment.
Adverse action implications:
Individualized assessment. This location requires employers to conduct an individualized assessment prior to final adverse action.
Final adverse action. If an employer rescinds a conditional offer of employment because of an applicant’s criminal history, the employer must notify the applicant of that decision promptly and in writing, identify the specific item of criminal history on which the rescission is based, and provide the source of that criminal history.
The COVID-19 outbreak is having a global impact. We are doing our best to stay ahead of related closures and disruptions that impact our ability to complete background checks, such as county court closures. Please visit our COVID-19 Updates page in our Help Center for updates as we receive them.