Current through 2024 Regular Session legislation effective June 6, 2024
Section 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.659A.360 and 659A.362 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.