Effective July 1, 2010, Oregon law prohibits most employment discrimination based upon credit history. Covered employers may not reject applicants with bad credit histories. Those employers may not demote, suspend or otherwise discriminate against an applicant or employee with respect to terms of employment.
Exceptions that allow for the use of credit histories follow:
- Federally insured banks & credit unions
- Employers that are required by law to check credit histories
- Public agencies with respect to law enforcement officers.
- When the credit history is "substantially job-related. "
Oregon employers who obtain credit history under the "substantially job-related" exception must advise the person, in writing, that it is obtaining his or her credit history and why.
BOLI rules define "credit history" as communication by a credit reporting agency. Oregon law does not address bankruptcy, because it does not need to. United States Bankruptcy Law prohibits discrimination based filing bankruptcy.
Jeff Merrick, Oregon Trial Attorney
Injury & Employment Law
503-665-4234
The above is not legal advice. I cannot give you sound advice without knowing more information. It is intended to raise some issues for you to discuss with your own lawyer.
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