Oregon — Hiring & Onboarding

All U.S. employers—including Oregon employers—must complete and retain Form I-9, Employment Eligibility Verification, for every person hired for employment after November 6, 1986. This federal requirement under the Immigration Reform and Control Act (8 U.S.C. § 1324a) applies to all employees regardless of citizenship status. The employee must complete and sign Section 1 no later than the first day of employment. The employer must complete Section 2 within three business days of the employee's hire date by physically examining (or remotely examining under a DHS-authorized alternative procedure) original documents that establish identity and employment authorization.

Source: 8 U.S.C. § 1324a; USCIS Form I-9 Instructions; USCIS I-9 Central

Oregon restricts when employers may inquire about an applicant's criminal history under ORS 659A.360, enacted in 2015 and effective January 1, 2016. The law applies to all Oregon employers—public and private—with narrow exceptions. It is an unlawful employment practice to exclude an applicant from an initial interview solely because of a past criminal conviction, which functionally means employers may not require disclosure of criminal history on a job application or before the first interview.

Statewide timing rule

Under ORS 659A.360(1) and (2), an employer excludes an applicant from an initial interview if the employer:

• Requires the applicant to disclose a criminal conviction on an initial application for employment, or
• Requires the applicant to disclose a criminal conviction before an initial interview.

If the employer does not conduct an interview for the position, the employer may not require disclosure until after making a conditional offer of employment. The statute thus establishes two permissible trigger points: after the initial interview (if one occurs), or after a conditional offer (if no interview occurs).

Portland overlay

Employers located in Portland must comply with a more restrictive local ordinance. Portland City Code Chapter 23.10 prohibits employers from inquiring about or considering an applicant's criminal history until after making a conditional offer of employment—even if an interview is conducted. Portland employers may not access criminal history information (including through background checks) prior to the conditional offer stage. When operating in Portland, employers must follow the city rule, not the statewide interview-or-offer trigger.

Statutory exceptions

ORS 659A.360(3) exempts certain employers and positions from the timing restriction:

• Employers required by federal, state, or local law to consider an applicant's criminal history for the position in question (e.g., federally regulated financial institutions, certain healthcare facilities);
• Law enforcement agencies;
• Employers in the criminal justice system; and
• Employers seeking a nonemployee volunteer.

The exception turns on whether a legal mandate requires consideration of criminal history for the specific position, not whether an employer is merely permitted to check.

Use of criminal history after the timing threshold

ORS 659A.360 is a timing rule, not a substantive prohibition. Nothing in the statute prevents an employer from considering conviction history in making the final hiring decision once the interview (or conditional offer, in Portland) has occurred. However, employers must still comply with federal EEOC guidance recommending an individualized assessment of the nature and gravity of the offense, the time elapsed since the conviction or sentence, and the nature of the job. Oregon law does not codify the individualized-assessment requirement, but blanket exclusions based solely on conviction status may give rise to disparate-impact claims under federal Title VII or Oregon's parallel anti-discrimination statute, ORS 659A.030.

Enforcement

BOLI enforces ORS 659A.360 under the general unlawful-employment-practice framework in ORS Chapter 659A. Violations are subject to civil penalties, damages, and equitable relief through BOLI's administrative complaint process (ORS 659A.820) or private civil action.

Source: ORS 659A.360 (2023 Edition); BOLI — Hiring Discrimination and Ban the Box