Oregon's Ban the Box Effective January, 1st 2016

Posted by: Tracy Vrchota December 30, 2015

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Oregon’s Ban the Box initiative House Bill 3025 goes into effect on January 1, 2016. This law prohibits any employer in Oregon (with 1 or more employees) from requiring an applicant to disclose a criminal conviction on the employment application and they must not exclude an applicant from an initial interview solely because of past criminal conviction, among other requirements. Please review our Oregon Ban the Box Legislative Update for more details. 

In addition, Portland, Oregon’s City Council went a few steps further passing Ordinance No. 187459, which will go into effect on July 1, 2016. Requirements will include conducting an individualized assessment and notifying the applicant of the relevant criminal convictions on which an adverse decision is based (as applicable).  More information regarding Portland’s expanded Ban the Box law can be read here

For your easy reference, we have outlined the Key Takeaways for both laws below.

OREGON

Effective January 1, 2016

  • Affects any employer in Oregon with 1 or more employees.
  • Employers must not require an applicant to disclose a criminal conviction on the employment application.
  • Employers must not exclude an applicant from an initial interview solely because of past criminal conviction.

PORTLAND, OR

Effective July 1, 2016

  • Affects any employer with 6 or more employees.
  • Employers must not consider criminal history until after a conditional offer, and must conduct an individualized assessment when doing so.
  • If an offer is rescinded, employers must notify the applicant in writing with the relevant criminal convictions on which the decision is based.

You can read more about ban the box, and other laws, by visiting Accurate Background’s Legislative Updates.

If you have any questions or concerns, please feel free to contact resources@accuratebackground.com. We wish you a very happy holiday season!

Posted by Tracy Vrchota

Tracy Vrchota is the Director of Compliance at Accurate Background and has 20 years of compliance and background screening program experience. Before she came to Accurate Background, Ms. Vrchota was an end user of background screening in the credit card and financial industry. As Director of Compliance at Accurate Background, Ms. Vrchota reviews and audits all internal processes to ensure compliance with FCRA and all Federal, State and Local laws. She provides legislative and compliance education to clients and Accurate Background employees to assist clients in remaining up-to-date on any legislative changes. Ms. Vrchota works closely with Accurate’s Product Development team to facilitate new product development that adheres to the changing compliance landscape. She is actively involved on the Government Relations and Best Practices Committees within the National Association of Professional Background Screeners to monitor proposed and enacted changes in legislation that impact the background screening industry as well as best practices in the industry. Ms. Vrchota is FCRA Advanced Certified through NAPBS has been trained in Six Sigma methodology.

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