Oregon Selection and Testing laws & HR compliance analysis

Oregon Selection and Testing: What you need to know

The Oregon Fair Employment Practice Act prohibits employment discrimination based on race, color, religion, national origin, sex, sexual orientation, marital status, age, disability, expunged juvenile record, or an association with anyone who is a member of a protected class, unless a bona fide occupational qualification (BFOQ) applies (OR Rev. Stat. Sec. 659A.030 et seq.). Discrimination is also prohibited against an individual whose family member is currently working or has worked for the employer.
Employers are also prohibited from discriminating against an applicant because of his or her military status (OR Rev. Stat. Sec. 659A.082).
The Act specifically prohibits employers from using employment applications or printing or circulating statements, advertisements, or publications that indicate an unlawful discriminatory preference, limitation, or specification, unless the factors are BFOQs. The Act applies to all employers; however, the sections pertaining to disability discrimination apply to employers with six or more employees only.
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Employers may not administer or use employment tests that negatively reflect on an applicant's or employee's impaired sensory, manual, or speaking skills unless the test is specifically designed to measure such skills. Other selection or testing that may discriminate against individuals with disabilities is prohibited unless such factors or practices are related to the job in question and are consistent with business necessity (OR Rev. Stat. Sec. 659A.112).
The Oregon Fair Employment Opportunity Act prohibits employers from discriminating against job applicants who are currently unemployed (OR Rev. Stat. ...

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