The Fairness Act for job applicants in Oregon now forbids employers from accessing information in a job applicant’s credit report for hiring purposes, except for cases in which the information relates to the company where the applicant is seeking a job (Revised Statutes Sec.659A.030). Let’s say an employer finds out that the information is related to the job to be performed. A printed assessment is issued to the applicant with the reasons that his or her credit will be evaluated.
The Act also bans employers from mistreating employees or applicants based on their credit information. Affected applicants are capable of filing a civil action against the employers responsible. Among the groups that have been exempted from the law are banks that have been insured by the federal state or credit unions, law enforcement firms, and firms that have been authorized by the state to conduct those checks.
More than 150 cities and states have implemented “ban the box.” Its purpose is to make employers consider a job applicant’s credentials before stigmatizing him or her for criminal history. The ban the box initiative offers a job applicant a reasonable chance. It does this by scratching any question about his or her sentence records from the job application requirements. The initiative also helps in delaying a job applicant’s history check until after hiring.
Victims who go through a history check while applying for jobs have all the rights under the clause of the Fair Credit Report Act (FCRA). That is a federal policy that keeps consumers safe from incorrect information added in the history check accounts. FCRA clause 1681b (b)(3)(A) addresses employers involved in discrimination. Particularly, it addresses discrimination against job applicants according to their background check. It requires that employers begin by issuing applicants a copy of their accounts and documents revealing a summary of their civil rights in the FCRA.
Employers have to provide background reports to applicants before taking any serious action. This is meant to give job applicants time to go through the reports and correct any incorrect data. Employers are at risk of facing lawsuits of class action if they try to claim incorrect background reports before allowing applicants to dispute any incorrect information.
Among the details on background check reports of an employee in Oregon are the victim’s professional and credit background. There is a limitation to employers when performing history checks on employees, according to the Oregon Job Applicant and Fairness Act.
Getting an Oregon Background check
In Oregon, one is able to perform an Oregon background check by mail or online. The history screening technique depends on whether an applicant is applying for background information for other individual or asking for it for a personal history account. Once a requester has completed an application, he or she should submit it along with a money order or a check, which is payable to the Oregon National Police.
Background information is only processed after paying the fee. Those who wish to carry out their own history checks in Oregon have to fill out a copy of their “Own Record Request” and mail it. The copy is then mailed with the service fee plus their fingerprint card.
It is recommended to carry out the whole process online as it is considered more reliable than applying via mail. For legal assistance, contact HKM attorneys by calling at 503-389-1130 or visiting their website.
