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The new Oregon Ban the Box” law prohibits employers from inquiring during initial applicant stages whether an applicant has a criminal conviction history, delaying background checks and questions until later in the hiring process. In Oregon, employers must comply with federal and state laws relating to criminal records, credit checks, and driver's record information. Although Oregon's new ban the box law (HB 3025 ) makes it illegal to use job applications or other pre-interview screening tools to eliminate candidates based on criminal records, the law allows employers to ask questions about criminal convictions during interviews, a time when the applicant can offer an explanation. HIGHLIGHTS: The new Oregon Ban the Box” law prohibits employers from inquiring during initial applicant stages whether an applicant has a criminal conviction history, delaying background checks and questions until later in the hiring process.
The new law does not apply where federal, state, or local law requires the consideration of an applicant's criminal history (for example, Oregon Law requires criminal background checks for those who provide direct care in adult foster homes, residential facilities, and hospice programs and for those who provide services on behalf of home health agencies where direct contact with patients may be involved ii ), or to law enforcement agencies and other employers within the criminal justice system. (4) An authorized designee shall evaluate a crime on the basis of Oregon laws and, if applicable, federal laws or the laws of any other jurisdiction in which a criminal records check indicates a subject individual may have committed a crime, as those laws are in effect at the time of the criminal background fitness determination. This means that you need to review your job applications to ensure that all questions about criminal history are removed (if you haven't already banned the box” under the Oregon law), make sure your hiring managers know that criminal history should not be discussed during an interview, and delay the timing of your criminal background checks until after a conditional offer is made.
Oregon passed a more traditional version of a Ban the Box law this past legislative session, barring employers from asking applicants about criminal histories on job applications (the referenced box” that is banned is the yes or no” box an applicant must check in response to an inquiry about criminal history). Two new Oregon laws establish policies regarding employer criminal background checks and questions for applicants and a state-run retirement savings plan. We blogged about Oregon's statewide ban the box” law here Portland's new ordinance is more restrictive and prohibits covered employers from conducting criminal background checks until after a conditional job offer is made.
Oregon law will now make it unlawful for an employer to exclude an applicant from an initial interview because of his/her criminal history, or to otherwise require a job applicant to disclose his or her criminal history on the employment application or prior to an initial interview. Under Oregon's new law, employers who are required by federal, state, or local laws to consider an applicant's criminal history (e.g., schools, law enforcement, criminal justice, etc.) are still permitted to make such inquiries. The Oregon law, in contrast, imposes fewer restrictions on employers that wish to consider criminal history, so long as convictions are considered at the appropriate time in the hiring process.
We can provide you with a one-step search that covers you nationally as well as at the county level.Oregon criminal background checks report all Felony and Misdemeanor convictions, which range from severe crimes such as Rape, to less serious offenses such as Petty Theft.Contact Intelifi today to begin comprehensive pre-employment screening in the state of Oregon. Thanks to the Ban the Box” law, it is illegal for Oregon employers to ask job applicants to provide criminal history information on a job application. Following federal law, Oregon employers are required to notify applicants if they are being disqualified for a position based on the contents of their criminal history report.
Since HB 3025 makes it an unlawful practice for an employer to exclude an applicant from an initial interview solely because of a past criminal conviction,” an employer seeking information from an Oregon job applicant should not order a criminal background check on the applicant prior to conducting the initial job interview. (4) An authorized designee shall maintain and disclose any records received from the Oregon Department of State Police resulting from a criminal records check in accordance with applicable requirements and restrictions in ORS Chapter 181A and other applicable federal and state laws, rules adopted by the Oregon Department of State Police in OAR chapter 257, division 15, these rules, and any written agreement between the Agency and the Oregon Department of State Police.
https://www.mhcc.edu/CriminalBackgroundCheck/
https://www.pdx.edu/hr/background-checks
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