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.