Oregon Employment Law Update – September 2016

Oregon

Portland Issues Regulations Implementing Ban-the-Box Ordinance

The City of Portland has issued regulations implementing its Ban-the-Box Ordinance (Portland City Code § 23.10, Removing Barriers to Employment). The ordinance, which took effect on July 1, 2016, prohibits employers from:

  • Gathering, obtaining, or using an applicant’s criminal history before making a conditional offer of employment.
  • Engaging in any direct or indirect conduct that is intended or objectively likely to result in the gathering or disclosure of an applicant’s criminal history, prior to making a conditional offer of employment. This includes, but is not limited to, performing criminal background checks, requesting an applicant to disclose his or her criminal history in an application form or at an interview, or engaging in any conduct that is intended or objectively likely to cause an applicant to disclose his or her criminal history.

The Portland City Attorney’s Office has also created a criminal history matrix to assist employers in making employment decisions related to the ordinance, and a sample Notice of Rescission of Conditional Offer of Employment.

View the Regulations
View the Criminal History Matrix
View the Sample Notice of Rescission of Conditional Offer of Employment