ORS 659A.360¹
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. [2015 c.559 §1]

Note: 659A.360 (Restricting criminal conviction inquiries) and 659A.362 (Enforcement) 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.

(formerly 659.280 to 659.290)

Law Review Cita­tions

26 WLR 394-395 (1990)

Notes of Decisions

Termina­tion of employ­ment in retalia­tion for invoking Oregon Family Leave Act rights constitutes wrongful discharge in viola­tion of public policy. Yeager v. Providence Health System Oregon, 195 Or App 134, 96 P3d 862 (2004), Sup Ct review denied

1 Legislative Counsel Committee, CHAPTER 659A—Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions; Administrative and Civil Enforcement, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors659A.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 659A, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano659A.­html (2019) (last ac­cessed May 16, 2020).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information