Oregon § 659A.360 Restricting criminal conviction inquiries; exceptions

Oregon Statutes

§ 659A.360 — Restricting criminal conviction inquiries; exceptions

Oregon § 659A.360

Vol.16

Title 51Labor and Employment; Unlawful Discrimination

Ch. 659AUnlawful Discrimination in Employment, Public Accommodations and Real

This text of Oregon § 659A.360 (Restricting criminal conviction inquiries; exceptions) is published on Counsel Stack Legal Research, covering Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Or. Rev. Stat. § 659A.360 (2026).

Text

(1)It is an unlawful practice for an employer to exclude an applicant from an initial interview solely because of a past criminal conviction.

(2)An employer excludes an applicant from an initial interview if the employer:

(a)Requires an applicant to disclose on an employment application a criminal conviction;

(b)Requires an applicant to disclose, prior to an initial interview, a criminal conviction; or

(c)If no interview is conducted, requires an applicant to disclose, prior to making a conditional offer of employment, a criminal conviction.

(3)Subject to subsections (1) and (2) of this section, nothing in this section prevents an employer from considering an applicant’s conviction history when making a hiring decision.

(4)Subsections (1) and (2) of this section do not apply:

(a)If

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(1) It is an unlawful practice for an employer to exclude an applicant from an initial interview solely because of a past criminal conviction.
(2) An employer excludes an applicant from an initial interview if the employer:
(a) Requires an applicant to disclose on an employment application a criminal conviction;
(b) Requires an applicant to disclose, prior to an initial interview, a criminal conviction; or
(c) If no interview is conducted, requires an applicant to disclose, prior to making a conditional offer of employment, a criminal conviction.
(3) Subject to subsections (1) and (2) of this section, nothing in this section prevents an employer from considering an applicant’s conviction history when making a hiring decision.
(4) Subsections (1) and (2) of this section do not apply:
(a) If federal, state or local law, including corresponding rules and regulations, requires the consideration of an applicant’s criminal history;
(b) To an employer that is a law enforcement agency;
(c) To an employer in the criminal justice system; or
(d) To an employer seeking a nonemployee volunteer.