Oregon Application Forms laws & HR compliance analysis

Oregon Application Forms: What you need to know

The Oregon Fair Employment Practice (FEP) Act prohibits employment practices that discriminate on the basis of a job applicant's race, color, religion, sex, sexual orientation, national origin, marital status, age (18 years or older), expunged juvenile record, or disability, unless a bona fide occupational qualification (BFOQ) exists (OR Rev. Stat. Sec. 659A.001et seq.). The Act also prohibits discrimination based on an applicant's association with a member of a protected group. The Act specifically states that employers may not use an application form that directly or indirectly asks questions about any of these characteristics (OR Rev. Stat. Sec. 659A.030). The law covers all employers, regardless of size. There is additional information about BFOQs.
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Genetic testing. The Act includes a separate provision that makes it unlawful for employers to seek, obtain, or use a job applicant's genetic information when making any employment decision unless it is based on a BFOQ, as defined by the Commissioner of the Bureau of Labor and Industries (OR Rev. Stat. Sec. 659A.303). If a BFOQ has been established, an employer may obtain this information solely to determine a BFOQ if the applicant or employee gives informed consent.
Lie detector and other tests. Employers are prohibited from requiring an applicant or employee to submit to a Breathalyzer™ or lie detector, psychological stress, genetic, or brain wave test as a condition of employment. Under certain circumstances, the tests may be conducted if the applicant or employee consents (OR Rev. Stat. Sec. 659A.300).
Criminal history. Effective January 1, 2016, employers are prohibited from requiring an applicant to disclose a criminal ...

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