[5]
By Andrew Schpak [6] & Carson Heideman [7]
Barran Liebman Law [8]
House Bill 3187 introduces new limitations on employers’ use of age in the hiring process. These limitations come into effect on September 26, 2025. Before an initial interview, Oregon employers will be prohibited from asking candidates about age, date of birth, school graduation dates, or school attendance dates. This includes information collected through applicant tracking systems. If no interview is conducted, employers are prohibited from asking about those pieces of information until after making a conditional offer of employment. This new rule supplements existing rules about the use of age-related information in employment (and state and federal laws prohibiting discrimination on the basis of age).
Exceptions
There are a few situations where employers can still ask (or include limitations in a job announcement) about age, date of birth, school graduation dates, or school attendance dates. Here are some examples:
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Oregon law requires anyone working in a cannabis business to be at least 21 years old. The job announcement may state that requirement, and a job application may ask: “Are you at least 21 years old?”
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Private investigators are required to have at least 1,500 hours of experience in Oregon. The job announcement may state that requirement and ask, “Do you have at least 1,500 hours of investigatory experience, or a combination of work experience and education approved by the Department of Public Safety Standards and Training?”
There are exceptions when a job applicant is under 18 years old, or when the law places restrictions on employees under 18 years old. Here are some examples:
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Under federal law, minors 17 years and older are allowed to drive, but certain limitations apply. In addition to asking “Are you at least 17 years old,” employers may request proof of age before the first interview if the candidate appears to be under 18 years old.
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A theater production may verify age if it is looking to fill a specific acting role, such as a senior role or a teen role.
Considerations for Employers
Job applicants may still decide to disclose their age, date of birth, school graduation dates, or school attendance dates. For example, this information may be included in an applicant’s resume, license, or diploma. Employers should not reject an application if it includes this information. Instead, human resources should review applications for any mention of this information and redact it. This review and redaction should be done by someone who is independent from the person or people making the hiring decision. The original application materials should be stored separately from the redacted versions.
The law affords employees and prospective employees the right to file a complaint with BOLI or sue in court if an employer has violated the new law.
Pre-Existing Age Discrimination Law
This new rule adds to existing rules in Oregon that prohibit age discrimination in the hiring process. Those prohibitions include:
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Refusing to hire an applicant because of their age;
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Using age (but not seniority or years of experience) in deciding compensation;
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Including an age limitation in any job advertisement; and
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Asking for age on any employment application.
Questions about job advertisements or the recruiting process? We are always happy to review your recruitment process or help you draft job announcements to ensure they comply with these new restrictions. Contact Andrew Schpak [6], at [email protected] [9], or 503-276-2156.