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Summary of differences between federal and state regulations
Arrest & conviction record inquiries
Applies to public and private employers. House Bill 3025.
Effective January 1, 2016, the bill prohibits all employers from inquiring about an applicant’s criminal history prior to an interview. If no interview is to be conducted, inquiries may not be made until after a conditional job offer has been made. Exceptions exist for law enforcement agencies, criminal justice jobs, volunteers, and positions for which a felony conviction would automatically disqualify the applicant per law.
Discrimination based on credit history
Except in limited circumstances, employers may not obtain or use information contained in the credit history of an applicant, 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.
Employers may 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. The determination of whether credit history information is substantially job-related must be evaluated with respect to the position for which the individual is being considered or holds. Credit history information is substantially job-related if:
- An essential function of the position requires access to financial information not customarily provided in a retail transaction that is not a loan or extension of credit;
- Financial information customarily provided in a retail transaction includes information related to the exchange of cash, checks and credit or debit card numbers; or
- The position at issue is one for which an employer is required to obtain credit history as a condition of obtaining insurance or a surety or fidelity bond.
State
Contacts
Employer immunity from disclosure claims
Arrest record inquiries
Conviction record inquiries
Regulations
Employer immunity from disclosure claims
Oregon Revised Statute 30.178, Actions against former employer for disclosure of information
www.oregonlegislature.gov/bills_laws/ors/ors030.html
Oregon Revised Statute 659.800, Use of force or misrepresentation to prevent employment prohibited
www.oregonlegislature.gov/bills_laws/ors/ors659.html
Oregon Revised Statute 659.805, Blacklisting and blackmailing prohibited
www.oregonlegislature.gov/bills_laws/ors/ors659.html
Arrest record inquiries
Oregon Revised Statute 181.555, Establishment of procedures for access to criminal record information
www.oregonlegislature.gov/bills_laws/ors/ors181.html
Oregon Revised Statute 181.557, Procedure when information requested by designated agency,
www.oregonlegislature.gov/bills_laws/ors/ors181.html
Oregon Revised Statute 181.560, Procedure when information requested by other than criminal justice agency
www.oregonlegislature.gov/bills_laws/ors/ors181.html
Oregon Revised Statue 659A.030, Discrimination because of race, religion, color, sex, national origin, marital status or age prohibited
www.oregonlegislature.gov/bills_laws/ors/ors659a.html
Conviction record inquiries
Oregon Revised Statute 181.555, Establishment of procedures for access to criminal record information
www.oregonlegislature.gov/bills_laws/ors/ors181.html
Oregon Revised Statute 181.557, Procedure when information requested by designated agency,
www.oregonlegislature.gov/bills_laws/ors/ors181.html
Oregon Revised Statute 181.560, Procedure when information requested by other than criminal justice agency
www.oregonlegislature.gov/bills_laws/ors/ors181.html
Oregon Revised Statue 659A.030, Discrimination because of race, religion, color, sex, national origin, marital status or age prohibited
www.oregonlegislature.gov/bills_laws/ors/ors659a.html
Discrimination based on credit history
Oregon Administrative Rules, Title 839, Division 5, Discrimination (839-005-0070 et. seq.)
http://arcweb.sos.state.or.us/pages/rules/oars_800/oar_839/839_005.html
Federal
Contacts
Employer immunity from disclosure claims
None.
Arrest record inquiries
Equal Employment Opportunity Commission (EEOC)
Conviction record inquiries
Equal Employment Opportunity Commission (EEOC)
Regulations
Employer immunity from disclosure claims
None.
Arrest record inquiries
None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.
Conviction record inquiries
None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.