Although the state of Oregon’s ban the box law took effect on January 1, the city of Portland has taken its ordinance even further. Portland’s ordinance, starting July 1, is stricter and states covered employers must wait until a conditional job offer is made to conduct criminal background checks.
Portland’s ordinance applies to businesses that employ six or more employees and have at least one employee who spends most of his time working in the city. It does not apply to law enforcement jobs, the criminal justice system, volunteer positions, or jobs for which federal, state, or local law requires criminal history to be considered.
Covered employers are prohibited from excluding an applicant from employment solely because of his criminal history. An applicant’s criminal history cannot be discussed during the interview process.
There are exceptions, however. An applicant’s criminal history can be considered if he will have direct access or provide services to children, the elderly, the disabled, or individuals with alcohol or drug dependency issues. Also, employers that participate in programs designed to encourage the employment of applicants with criminal histories may inquire about criminal records. In addition, companies that have been identified as having heightened public safety concerns or business necessity requires earlier consideration of criminal history are exempt.
Plus, the ordinance dictates which records may be considered as part of an applicant’s criminal history. Employers may not consider arrests that did not lead to a conviction; expunged convictions; charges that did not involve actual or attempted physical harm; or charges that were resolved through completion of a diversion or judgment deferral program. However, employers may consider pending arrests.