Oregon’s Ban the Box legislation House Bill 3025 takes effect on January 1, 2016. This law prohibits any employer with 1 or more employees, in Oregon from requiring an applicant to disclose a criminal conviction on the employment application and they must not exclude an applicant from an initial interview solely because of past criminal conviction, among other requirements.
In addition, Portland, Oregon’s City Council went even further passing Ordinance No. 187459, which which goes into effect on July 1, 2016. The requirements will include conducting an individualized assessment and notifying the applicant of the relevant criminal convictions on which an adverse decision is based (as applicable).
For reference, here are key bullet points for both of these new Oregon laws.
Effective January 1, 2016
- Affects any employer in Oregon with 1 or more employees.
- Employers cannot exclude an applicant from an initial interview solely based on past criminal conviction(s).
- Employers cannot require an applicant to disclose a criminal conviction on the employment application.
Effective July 1, 2016
- Affects employers with 6 or more employees.
- Employers must not consider criminal history until after a conditional offer, and must conduct an individualized assessment when doing so.
- If an offer is rescinded, employers must notify the applicant in writing with the relevant criminal convictions on which the decision is based.
If you have questions regarding this Ban the Box legislation and how it effects your hiring practices, please contact your human resource attorney immediately to ensure that you are compliant in all hiring policies.