Written By ESR News Blog Editor Thomas Ahearn
The Oregon House and Senate have approved House Bill (HB) 3025 that will Ban the Box and bar most employers in the state from asking applicants about criminal convictions on initial job applications, according to a report in the Portland Tribune. The legislation now heads to Governor Kate Brown for her signature. The text of HB 3025 is available at https://olis.leg.state.or.us/liz/2015R1/Downloads/MeasureDocument/HB3025. (UPDATE: On June 25, 2015, Oregon Governor Kate Brown signed into law House Bill 3025. The new law takes effect January 1, 2016. Read more.)
Sponsored by Committee on Business and Labor at the request of Oregon AFL-CIO and the Urban League of Portland, HB 3025 states the following Ban the Box legislation:
- (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.
The Ban the Box bill is subject to enforcement by the Commissioner of the Bureau of Labor and Industries as provided in ORS 659A.820 to 659A.865. The effective date for the new law would be January 1, 2016. The report from the Portland Tribune is available at http://portlandtribune.com/pt/239-business/263870-136994-ban-the-box-measure-headed-to-governors-desk.
According to a Ban the Box State and Local Guide from the National Employment Law Project (NELP), the Ban the Box Movement currently includes more than 100 cities and counties as well as 17 states: California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Illinois, Maryland, Massachusetts, Minnesota, Nebraska, New Jersey, New Mexico, Ohio, Rhode Island, Vermont, and Virginia.
More Ban the Box Information from ESR
Employment Screening Resources® (ESR) – ‘The Background Check Authority®’ – offers a Ban the Box Information Page with links to the latest news and resources about the Ban the Box movement. The Ban the Box page is at http://www.esrcheck.com/Ban-the-Box/. For more information about background checks from ESR, please call toll free 888.999.4474 or visit http://www.esrcheck.com.
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