OAR 839-005-0075: Employer Obtainment or Use of Credit History Information: Exceptions

ORS 659A.320 does not apply to: (1) Employers that are federally insured banks or credit unions; (2) Employers that are required by state or federal law to use individual credit history for employment purposes; (3) Employees in or applicants for positions responsible for enforcing the criminal laws of this state, including: (a) A public safety officer who is a member of a law enforcement unit; (b) A peace officer commissioned by a city, port, school district, mass transit district, county, Indian reservation, or the Criminal Justice Division of the Department of Justice, the Oregon State Lottery Commission, the Governor; or (c) Employees in positions responsible for enforcing the criminal laws of this state or laws or ordinances related to airport security; or (4)(a) The obtainment or use by an employer of information in the credit history of an applicant or employee because the information is substantially job-related, and the employer’s reasons for the use of such information are disclosed to the employee or prospective employee in writing. (b) The burden of proving the employer’s disclosure to the employee rests with the employer.