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Preemployment Screening and Testing: Oregon

Preemployment Screening and Testing requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Author: Paula Barran, Barran Liebman LLP

Summary

  • Oregon law restricts the acquisition and use of credit history in making employment decisions with limited exceptions. See Credit Checks.
  • Oregon does not prohibit employers from considering criminal records (except expunged juvenile records) but the state does impose certain notice requirements. See Arrest and Conviction Records.
  • A new state law restricts when employers can make criminal history inquiries during the hiring process, and a Portland ordinance goes even further. See Ban the Box.
  • Where employees serve vulnerable populations, Oregon requires certain background checks. See Mandatory Background Checks.
  • Preemployment drug testing is permissible, provided that certain procedures are followed. See Drug and Alcohol Testing Programs.
  • The state has a medical marijuana program, but employers are not required to adjust their policies to accommodate users of the program. See Medical Marijuana.
  • Oregon restricts the availability and regulates the timing of medical testing, and places limitations on breathalyzer, polygraph, psychological stress and genetic tests. See Testing Restrictions.
  • The state imposes confidentiality requirements on tests for AIDS or HIV infection. See HIV/AIDS Testing.