Federal & State Regulations | Applications - Oregon | J. J. Keller® Compliance Network

State Info

Summary of differences between federal and state regulations

There is no one federal law that specifically addresses employment applications, although there are record retention guidelines under a variety of federal laws (see the Recordkeeping topic) and non-discrimination provisions for hiring in general (see the Discrimination topic).

Oregon law provides that it is an unlawful practice for an employer to use any form of application for employment which expresses any discrimination as to an individual’s race, religion, color, sex, national origin, marital status or age if the individual is 18 years of age or older or on the basis of an expunged juvenile record, unless based upon a bona fide occupational qualification. §659A.030

An employer can not make inquiries of a job applicant as to whether the applicant is a disabled person or as to the nature or severity of any disability, but may inquire into the ability of the applicant to perform functions that are related to the job. §659A.133

If an employer or prospective employer seeks criminal records information on an applicant, the employer must first notify the applicant. §181.555

Salary history

Effective January 1, 2019, employers may not ask for salary history information from applicants (or from their former employers). Employers may confirm salary history only after an offer of employment (including compensation) has been made, but to do so, they must first obtain authorization from the employee.