When conducting a background check, Oregon has special rules and laws concerning employment. Background checks are a must for any employer in the state, but this can be difficult to navigate the equal opportunity regulations when dealing with applicants with a criminal history.<\/p>\n
Oregon has strict laws and special rules about pre-employment screening and employers must follow them closely or risk penalties and fines. When running a background check, Oregon ban the box law and its pay equity law must be understood to effectively avoid liability and violations.<\/b><\/p>\n
The ban the box law is a great example of how the state is proactive about making sure all people have an equal opportunity regardless of whether they\u2019ve been convicted before or not.<\/p>\n
However, when a background check becomes necessary for employment (i.e., after an in-person interview), then Oregon gives applicants and employees some extra protection that you won\u2019t find with other states\u2019 laws.<\/p>\n
Pay equity laws in Oregon protect the rights of workers by ensuring applicants are not discriminated against because of wage-related issues. This includes both past and present compensation.<\/p>\n
In order to keep up with changing laws and enforcement of these laws, anyone involved in hiring workers must<\/em> stay abreast of all updates to protect their company from enforcement actions.<\/p>\n
Understanding Background Checks in Oregon<\/h2>\n
In Oregon, background checks are a must for any employer. If you\u2019re looking to hire someone in the state of Oregon, make sure you follow these laws and regulations concerning employment screenings:<\/p>\n
\n
There are laws about how an employer can screen potential applicants based on criminal history. Employers cannot ask applicants about their criminal history until the actual interview process has begun.<\/li>\n
Employers should not discriminate against those with past convictions unless there is reasonable cause related to safety concerns in the workplace or the nature of the position.<\/li>\n
Employers cannot request applicants\u2019 credit history for employment purposes unless such a report is meaningfully related to the position being offered. Written notice for the report must be provided and the search should be conducted in compliance with state law.<\/li>\n
Oregon businesses should inform all prospective employees about any pre-employment inquiries into criminal history, and provide a written copy of the report to all applicants once a hiring decision has been made.<\/li>\n
Employers must conduct background checks in compliance with state laws so as not to violate employees\u2019 rights under any federal or state law that prohibits employment discrimination.<\/li>\n
Applicants have rights when it comes to having their information from previous jobs verified by future employers.<\/li>\n<\/ul>\n
It is illegal for employers to:<\/p>\n
\n
Ask about criminal history before a job interview has taken place.<\/li>\n
Consider any arrests in employment decisions without reasonable cause related to the position being offered.<\/li>\n
Refuse to hire someone because they have been convicted of a felony unless there are specific circumstances relevant to the position that warrant such action (e.g., if you\u2019re applying for a teaching position, you cannot be considered for employment if you have been convicted of a sex crime).<\/li>\n
Consider wage history in the hiring process. This includes such information from previous employers and compensation (both present and past, unless there is a lawful reason to do so).<\/li>\n<\/ul>\n
The following things should be considered when conducting Oregon background checks:<\/p>\n
\n
Job applications cannot include questions regarding past drug use or treatment; however, this may be asked once a job offer has been made and is conditional upon the results of a drug screening.1<\/sup><\/li>\n
Always verify any information provided by applicants to ensure its accuracy before making hiring decisions based on such data.<\/li>\n
Employers should not ask about an applicant\u2019s health or disabilities until after you\u2019ve extended them a job offer. This includes both past and present medical conditions. Businesses cannot discriminate against people with disabilities or health conditions, including those who take medication related to a medical condition. This also includes mental and psychological conditions as well as physical ones.<\/li>\n
Oregon employers must comply with ADA regulations when it comes to employees and health conditions. If you have a mental or psychological condition, employers cannot discriminate against hiring you because of it.<\/li>\n
Employers should only inquire about criminal convictions that are relevant to the position after the application process is complete.<\/li>\n<\/ul>\n