Oregon Adopts “Ban the Box”

The state legislature of Oregon has already had a busy year passing laws pertaining to paid sick leave, non-compete agreements and social media employee privacy. Now Governor Kate Brown has signed into law House Bill 3025, restricting employers from inquiring about an applicant’s previous criminal history on an employment application (the law take effect January 1, 2016). Oregon is following the trend known as “Ban the Box” which numerous states have already adopted. Essentially the law states that employers may still conduct background checks and inquire about an applicant’s previous criminal activity, however it must be done during the initial interview or when a conditional job offer has been made.

The legislation does not provide for a private right of action; administrative charges may be filed with the Oregon Bureau of Labor and Industries.