Oregon Statutes 659A.320 – Discrimination based on information in credit history prohibited; exceptions; remedies for violation
(1) Except as provided in subsection (2) of this section, it is an unlawful employment practice for an employer to obtain or use for employment purposes information contained in the credit history of an applicant for employment or an employee, 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.
Terms Used In Oregon Statutes 659A.320
- City: includes any incorporated village or town. See Oregon Statutes 174.100
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Employer: means any person who in this state, directly or through an agent, engages or uses the personal service of one or more employees, reserving the right to control the means by which such service is or will be performed. See Oregon Statutes 659A.001
- Unlawful employment practice: includes a practice that is specifically denominated in another statute of this state as an unlawful employment practice and that is specifically made subject to enforcement under this chapter. See Oregon Statutes 659A.001
(2) Subsection (1) of this section does not apply to:
(a) Employers that are federally insured banks or credit unions;
(b) Employers that are required by state or federal law to use individual credit history for employment purposes;
(c) The application for employment or the employment of a public safety officer who will be or who is:
(A) A member of a law enforcement unit;
(B) Employed as a peace officer commissioned by a city, port, school district, mass transit district, county, university under ORS § 352.121 or 353.125, Indian reservation, the Superintendent of State Police under ORS § 181A.340, the Criminal Justice Division of the Department of Justice, the Oregon State Lottery Commission or the Governor or employed as a regulatory specialist by the Oregon Liquor and Cannabis Commission; and
(C) Responsible for enforcing the criminal laws of this state or laws or ordinances related to airport security; or
(d) The obtainment or use by an employer of information in the credit history of an applicant or employee because the 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.
(3) An employee or an applicant for employment may file a complaint under ORS § 659A.820 for violations of this section and may bring a civil action under ORS § 659A.885 and recover the relief as provided by ORS § 659A.885 (1) and (2).
(4) As used in this section, ‘credit history’ means any written or other communication of any information by a consumer reporting agency that bears on a consumer’s creditworthiness, credit standing or credit capacity. [2010 c.102 § 2; 2011 c.210 § 6; 2011 c.506 § 54; 2012 c.54 § 25; 2012 c.67 § 16; 2013 c.180 § 49; 2015 c.614 § 165; 2021 c.351 § 293]