Oregon Background Check Data Supplier

Credit History Restrictions:

In Oregon, employers are restricted in how they can use credit history in the hiring process. Employers are only allowed to consider an applicant's credit history if it is directly relevant to the role and necessary for business purposes. For example, positions that involve significant financial responsibilities, such as those in banking or accounting, may warrant a review of credit history.

However, for most other roles, employers cannot use credit history as a factor in their hiring decisions. This regulation is in place to protect individuals from discrimination based on past financial difficulties that may not be relevant to the position for which they are applying.

Employers should clearly understand when and why credit checks are necessary and make sure they comply with state laws to avoid potential legal issues.

Expungement and Record Sealing:

Oregon law allows individuals to have certain criminal records expunged or sealed after a set period, provided they meet specific requirements. When a record is expunged, it is legally treated as though it never occurred, and sealed records are kept confidential. As a result, these records cannot be accessed or used by employers in background checks.

Employers must exclude these expunged or sealed records from their background checks to remain compliant with Oregon law. Failing to do so could result in legal issues, including potential discrimination claims. Employers should stay up to date on expungement processes and verify that their background checks are based on current, accurate records that comply with state regulations.

Fair Credit Reporting Act (FCRA) Compliance:

Employers conducting background checks are required to follow the guidelines set by the Fair Credit Reporting Act (FCRA). This federal law governs how background check information is collected, used, and disclosed during the hiring process. Employers must obtain written consent from candidates before initiating a background check and provide clear disclosure about how the data will be used.

The FCRA also mandates that employers ensure the accuracy of background check reports. If a candidate is disqualified based on the information in the report, the employer must follow specific procedures, including sending pre-adverse action notices and final adverse action notices. This allows candidates to dispute any errors or inaccuracies in the report.

Marijuana Records:

While recreational marijuana use is legal in Oregon, employers still retain the right to enforce drug-free workplace policies. Employers can establish clear guidelines on how marijuana-related records or test results are handled, particularly for positions that require safety-sensitive duties or involve operating heavy machinery.

Even though marijuana use is permitted under state law, employers are not obligated to overlook marijuana-related offenses or positive test results if they are relevant to the job. It’s essential for employers to clearly define their marijuana policies and communicate them to applicants so candidates are aware of how marijuana use is treated in the hiring process and within the workplace.

Arrest vs. Conviction Records:

Under Oregon law, employers must be cautious about considering arrest records when making hiring decisions. While arrests may indicate an individual’s involvement in criminal activity, they do not equate to a conviction. Employers are prohibited from using arrest records alone as a basis for rejecting an applicant. Instead, conviction records should be the primary focus when evaluating an applicant's criminal history.

This distinction is important for compliance with both state and federal anti-discrimination laws, which protect individuals from being unfairly disqualified based on arrests that did not result in a conviction. By focusing only on convictions, employers can make more informed and legally sound hiring decisions.

Data Security:

Under Oregon’s Identity Theft Protection Act, businesses are required to take appropriate measures to protect sensitive personal information, such as Social Security numbers, from unauthorized access. Employers conducting background checks must ensure that applicant data is stored securely and is only accessible to authorized personnel.

In the event of a data breach, employers are obligated to notify affected individuals promptly, as well as take immediate steps to mitigate the impact. This includes offering credit monitoring services if necessary and adhering to other state and federal guidelines to protect personal data.

EEOC Guidance:

The Equal Employment Opportunity Commission (EEOC) provides clear guidance on how employers should use criminal background checks during the hiring process. Employers must make certain that their use of criminal history is job-related and consistent with business necessity. This means that background checks should only be used when they are directly relevant to the job and necessary for the employer’s operations.

By adhering to the EEOC's guidelines, employers can avoid discriminatory practices and reduce the risk of legal challenges. It's essential for employers to regularly assess their background check policies to stay in compliance with both federal and state anti-discrimination laws.

For expert guidance and reliable background screening solutions, contact Eagle Eye Screening Solutions today and let us help you navigate the complexities of compliance in your hiring process.

Best Practices for Compliance in Oregon