Oregon’s “Ban the Box” Law

Oregon has joined the list of states to pass a “Ban the Box” law. “Ban the Box” is a law that prohibits employers from asking a job applicant to answer a question on an employment application regarding whether they have ever been convicted of a crime. The Oregon law will be effective on January 1, 2016.

Job Application

The law restricts employers from inquiring about an applicant’s criminal background during the initial stages of the application process. The legislation prohibits an employer from requiring an applicant:

  • To disclose on an employment application a criminal conviction;
  • To disclose, prior to an initial interview, a criminal conviction; or
  • If no interview is conducted, to disclose, prior to a conditional offer of employment, a criminal conviction.

The law does not prohibit employers from notifying applicants that they will be subject to a criminal background check at a later step in the hiring process. As an employer you are still allowed to consider criminal convictions when making hiring decisions.

Criminal Background Check

What do you need to do to be compliant?

  • Remove the criminal conviction question from your job application.
  • Adjust your hiring process to conduct a criminal background check after the initial interview.

If you have any questions about Oregon’s “Ban the Box” law or need an updated job application, please contact our office.

Comments (2)

  1. Dennis W Jeffers , DDS says:

    Initial Applications Can Read:

    As a means for providing better security and safety for our staff criminals need not apply.

  2. Kathy Krech says:

    If a employee is hired does the employee need to disclose of felony upon start date

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