OAR 839-008-0005: Seeking and Screening Job Applicants Based on Compensation

(1) Pursuant to ORS 659A.357, it is an unlawful practice under ORS chapter 659A for an employer or prospective employer to seek the salary history of an applicant or employee from the applicant or employee or a current or former employer of the applicant or employee. (2) Pursuant to ORS 652.220(1)(c), it is an unlawful employment practice under ORS chapter 659A for an employer to screen job applicants based on current or past compensation. As used in ORS 652.220(1)(c) and these rules, “to screen job applicants based on current or past compensation” includes using information, however obtained, about a job applicant’s current or past compensation to determine a job applicant’s suitability or eligibility for employment. (3) The unsolicited disclosure of a job applicant’s current or past compensation by a job applicant, employee or a current or former employer of the applicant or employee that is not considered by an employer does not constitute a violation of ORS 659A.357 or ORS 652.220(1)(c). (4) Pursuant to ORS 652.220(1)(d), it is an unlawful employment practice under ORS chapter 659A for an employer to determine compensation for a position based on the current or past compensation of a prospective employee. (5) Sections (1) and (2) of this rule are not intended to prevent an employer from requesting from a prospective employee written authorization to confirm prior compensation after the employer makes an offer of employment to the prospective employee that includes an amount of compensation.