Oregon Pre-Employment Inquiries (Interviewing) laws & HR compliance analysis

Oregon Pre-Employment Inquiries (Interviewing): What you need to know

Protected classes. The Oregon Fair Employment Practice Act prohibits employment practices that discriminate on the basis of a job applicant's race, religion, color, sex, sexual orientation, national origin, marital status, age (18 or over), disability, or association with a member of a protected group. The Act specifically states that employers may not ask applicants about any of these characteristics (Or. Rev. Stat. § 659A.001 et seq.). The law covers all employers regardless of size, except that the disability provision applies to employers with six or more employees.
Employers are also prohibited from discriminating against a qualified individual because he or she is a victim of domestic violence, sexual assault, or stalking (Or. Rev. Stat. § 659A.270).
Effective January 1, 2022, the term “race” includes physical characteristics that are historically associated with race, including natural hair, hair texture, hair type, and protective hairstyles. “Protective hairstyle” means a hairstyle, hair color, or manner of wearing hair that includes, but is not limited to braids, regardless of whether the braids are created with extensions or styled with adornments, locs, and twists.
Genetic information. The act includes a separate provision that prohibits employers from obtaining, seeking to obtain, using, or requiring the genetic information of an applicant or employee, or of a blood relative to discriminate in any employment right or benefit (Or. Rev. Stat. § 659A.303). Employers are also prohibited from subjecting an applicant or employee to genetic testing (Or. Rev. Stat. § 659A.300).
Human Immunodeficiency Virus (HIV). The Oregon AIDS Testing Law requires voluntary and informed consent before testing for ...

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