CareNotes

New Tools for Employers to Comply with the “Ban the Box” Law

This is a guest blog post from OHCA business partner Leora Coleman-Fire, employment attorney at Schwabe, Williamson & Wyatt, who assists employers to successfully navigate employment laws.

Oregon’s new “Ban the Box” law went into effect at the start of this year, but beginning July 1, 2016, the City of Portland made the law even more restrictive on employers.

The Oregon “Ban the Box” law prohibits employers from requiring an applicant to disclose a criminal conviction on an employment application or prior to an initial interview. If there is no interview, an employer is prohibited from requiring an applicant to disclose a criminal conviction before making a conditional offer of employment.  However, there are several types of employers that are exempt from these requirements. Pertinent to some of OHCA members’ job offerings, exempt employers include those who are required by federal, state, or local law to consider an applicant’s criminal history for that particular position.

The Portland version of the law is even more restrictive. Covered employers within the Portland city limits who have six or more employees are barred from asking applicants about criminal convictions at any point before making a conditional offer. The City issued administrative rules that are intended to help interpret this law.

In addition, the City of Portland’s Attorney’s Office created the following documents to help employers comply:

1. Criminal History Matrix: ‎You can use this matrix to help determine what action is permissible to take under the law based on the particular job.
2. Sample Notice of Recession of Conditional Offer of ‎Employment: You can use this form document when, after making a conditional offer of employment, you then review the applicant’s criminal history and decide to rescind the offer.

These new tools are intended to assist employers in complying with the Portland “Ban the Box” law, but they do not replace the necessary analysis and careful navigation of these laws. If you have questions or concerns, contact your trusted legal adviser.