Oregon to Amend Its Anti-Discrimination Law in Hiring Rules

30 Jun

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Update Applicable to:Effective Date
All Employers, Employment Agencies, and Labor Organizations Operating in Oregon91 days after the 2025 legislative session adjourns sine die – September 28, 2025


What happened?

On May 22, 2025. Oregon legislature passed the House Bill (HB) 3187, that would prohibit an employer from requesting an applicant’s age, date of birth or date of graduation before conducting an initial interview or making a conditional offer of employment. The bill is currently awaiting the Governor’s signature.


Overview:

HB 3187 amends Oregon’s anti-discrimination laws to strengthen protections against age-based bias in employment, specifically limiting when age-related information can be requested during the hiring process and expands protections for apprentices and whistleblowers.


Compliance Implications

  • Employers must update hiring materials, train staff, and ensure third-party compliance to avoid requesting age-related information too early in the hiring process.
  • Noncompliance may lead to investigations, lawsuits, or penalties such as reinstatement and back pay.


What does it Change?

1. Restrictions on Pre-Interview Inquiries: Employers, employment agencies, and recruiters are prohibited from requesting or requiring the following information from job applicants:

  • Age
  • Date of birth
  • Dates of attendance or graduation from educational institutions


These restrictions apply prior to:

  • Completing an initial interview, or
  • Making a conditional offer of employment


Exceptions:
These inquiries are permitted only when:

  • Required to verify a bona fide occupational qualification, or
  • Necessary to comply with federal, state, or local law.


2. Apprenticeship Program Changes: The bill removes a prior provision that allowed age to be considered in selecting apprentices based on their ability to complete training before age 70. Apprentices are now fully protected under the same anti-discrimination standards as other employees.


3. Retaliation Protections: HB 3187 also amends workplace safety laws to prohibit retaliation against employees or applicants who:

  • Report on safety violations
  • Participate in safety investigations.
  • Refuse dangerous work in good faith.
  • Report assaults in healthcare settings.

A rebuttable presumption of retaliation applies if adverse action occurs within 60 days of such protected activity.

For additional information, please review the bill (soon to be law).


Source References

Need help understanding how changes to employment laws will affect your business?

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This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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