Restriction Explanation
Applicant/subject can be required to pay for background check or portion of Landlord may charge its average cost of screening tenants not to exceed the cost of a report available from a CRA for similar reports. Additional: Landlord may not charge for screening if no rental units are reasonably available or it has filled the unit(s) prior to conducting the screening.
Ban-the-Box 2: Use of criminal record only at/after interview As of 01/01/2016, employers may not ask about criminal convictions anytime prior to an interview. If there is no interview, employers may not ask about criminal convictions until a conditional offer of employment is made.
Ban-the-Box 4: Certain Major Municipality Portland has joined other cities in passing their own ordinance restricting the consideration of a criminal record. This is permitted only after a conditional job offer. Effective July 1, 2016, employers cannot inquire about or access criminal record information prior to this time. Basic data is reviewed here, but further details are provided in the Resource Tab “Municipality and County Ban-the-Box Restrictions.”
Must Provide Notice Employer must inform consumer that they are accessing criminal records and to let the CRA know that they have advised the consumer of that fact. (Also, see other Notice of Restriction pertaining to charging applicant for cost of background check.)
Must Provide Notice If a landlord desires to charge an applicant for the cost of a background screen, special notice must be given. The notice must include: cost of screening, screening criteria, applicant’s right to dispute information, availability of rental units and amount of deposit required. (See other Notice of Restriction that pertains to accessing criminal record.)
Prohibits salary history inquiry during hiring process Effective October 6, 2017. An employer cannot obtain from the applicant or otherwise [CRA verification of employment] seek their salary history. As with some other such laws, the employer can seek to confirm past salary after job offer is extended that includes the proposed compensation.
Specific reporting required if tenant screening Effective 01-01-2014, specific limitation are placed on the type of information a landlord can consider. Limitation include previous and pending eviction cases and a landlord can only consider certain types of criminal convictions. The OR legislation has not placed this law on their web page as of yet. The link on this site is to the bill – SB 91.
Use of credit report Employers may not use credit report unless substantially job related. (This law is not yet posted on the web by the state of OR.)
Use of Social Media Password Information Employers are prohibited from requiring or requesting employee or applicant for employment to provide access to personal social media account, to add employer to social media contact list or to allow employer to view employee’s or applicant’s personal social media account. On June 2, 2015, Governor Brown signed SB 185, an amendment to Oregon’s social media law, which protects an employee’s right not to engage in social media.