Oregon Statutes 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.
Terms Used In Oregon Statutes 659A.360
- Conviction: A judgement of guilt against a criminal 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 practice: includes a practice that is specifically denominated in another statute of this state as an unlawful practice and that is specifically made subject to enforcement under this chapter, or a practice that violates a rule adopted by the commissioner for the enforcement of the provisions of this chapter. See Oregon Statutes 659A.001
(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. [2015 c.559 § 1]
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.