Or. Admin. Code § 839-005-0070 - Employer Obtainment or Use of Credit History Information: Unlawful Discrimination
(1) It
is an unlawful employment practice for an employer to obtain or use for
employment purposes information contained in the credit history of an applicant
for employment or an employee, or to refuse to hire, discharge, demote,
suspend, retaliate or otherwise discriminate against an applicant or an
employee with regard to promotion, compensation or the terms, conditions or
privileges of employment based on information in the credit history of the
applicant or employee.
(2)
Obtainment or use of credit history information may not be conducted in a
manner that results in adverse impact discrimination as prohibited by
42 U.S.C. §
2000e-2, ORS
659A.030 and OAR
839-005-0010. A finding of
adverse impact discrimination does not require establishment of intentional
discrimination.
(3) ORS
659A.320 permits an employer to
obtain or use for employment purposes information contained in the credit
history of an applicant or employee under circumstances described at
659A.320(2). ORS 659A.320(2)(d)
permits an employer to obtain or use information contained in the credit
history of an applicant or employee if the credit history 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.
(4) The burden of proving
the employer's disclosure to the employee of its reasons for the use of such
information rests with the employer.
Notes
Stat. Auth.: ORS 659A.805
Stats. Implemented: ORS 659A.320
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(1) It is an unlawful employment practice for an employer to obtain or use for employment purposes information contained in the credit history of an applicant for employment or an employee , or to refuse to hire, discharge, demote, suspend, retaliate or otherwise discriminate against an applicant or an employee with regard to promotion, compensation or the terms, conditions or privileges of employment based on information in the credit history of the applicant or employee .
(2) Obtainment or use of credit history information may not be conducted in a manner that results in adverse impact discrimination as prohibited by 42 U.S.C. § 2000e-2, ORS 659A.030 and OAR 839-005-0010. A finding of adverse impact discrimination does not require establishment of intentional discrimination .
(3) ORS 659A.320 permits an employer to obtain or use for employment purposes information contained in the credit history of an applicant or employee under circumstances described at 659A.320(2). ORS 659A.320(2)(d) permits an employer to obtain or use information contained in the credit history of an applicant or employee if the credit history 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.
(4) The burden of proving the employer 's disclosure to the employee of its reasons for the use of such information rests with the employer .
Notes
Stat. Auth.: ORS 659A.805
Stats. Implemented: ORS 659A.320