Employee Privacy: Oregon
The below content should be reviewed in conjunction with the in-depth federal coverage of this topic provided above.
Author: Christina Thacker, Barran Liebman LLP
- Oregon has both civil and criminal invasion of privacy claims that Oregon employers could potentially be liable for. See Common Law Invasion of Privacy Claims and Criminal Invasion of Privacy.
- Oregon employers cannot obtain or use an applicant's or an employee's credit history information for employment purposes, except in limited circumstances. See Background Checks - Criminal Records and Credit Checks.
- Applicants and employees have protections from employers seeking to subject them to any polygraph examination, psychological stress test, or brain-wave test. See Employee Testing.
- Oregon law allows the medical use of marijuana, but currently, employers do not need to accommodate medical marijuana users under disability law. See Medical Marijuana.
- Oregon employers must safeguard an employee's confidential information under the Oregon Consumer Identity Theft Protection Act , which includes limiting employers to the public display or disclosure of only the last four digits of a Social Security number, among other requirements. See Data Protection.
- An employer can only record a conversation with an employee if the employer has informed the employee specifically that the conversation is being recorded See Wiretapping and Eavesdropping.
- Oregon employees have the right to review personnel records on request and to obtain copies. See Other Oregon Privacy-Related Laws and Personnel Records and Information.