Oregon’s House Bill 3187 strengthens existing age discrimination laws by prohibiting employers, agencies, and recruiters from requesting an applicant’s age, birthdate, or graduation dates before an initial interview or conditional job offer. Exceptions exist for bona fide occupational qualifications (BFOQs), legal compliance (like verifying minimum working age), and certain other legitimate business needs. Importantly, any age-related inquiries must be non-discriminatory. The bill also removes age restrictions from apprenticeship programs. Oregon employers must review and update hiring practices by September 26, 2025, to ensure compliance.
Oregon House Bill 3187: Addressing Age Discrimination in Hiring
Oregon House Bill 3187 enhances the state’s existing laws against age discrimination in employment, which currently protect individuals 18 years and older. This legislation specifically prohibits employers, employment agencies, and recruiters from inquiring about a candidate’s age, date of birth, or educational timeline until after an initial interview has been conducted or a conditional job offer has been presented. Here are the main aspects of the bill:
Prohibition on Age-Related Inquiries
Under this bill, employers and recruitment entities cannot request age-related details such as an applicant’s age, date of birth, or the dates of their educational attendance or graduation unless an initial interview has occurred or a conditional job offer has been made. Additionally, if age-related inquiries are made, they must be justifiable for legitimate business purposes and not discriminatory.
Exceptions to the Rule
There are specific circumstances where age-related information can be requested prior to an interview or job offer:
- To ascertain whether an applicant fulfills bona fide occupational qualifications (BFOQs), where age is a necessary criterion for the role, such as in certain safety-sensitive positions.
- To comply with legal mandates, including confirming that applicants meet the minimum legal age requirements for a particular job.
Changes for Apprenticeship Programs
The bill also provides that apprenticeship programs cannot deny applicants solely based on age. Previously, these programs could exclude those who would not finish before reaching 70 years old.
By September 26, 2025, employers in Oregon must update their application processes and hiring strategies to adhere to these regulations, and all personnel involved in recruitment should receive appropriate training. Employers with apprenticeship programs are also required to reevaluate their policies to eliminate any age-related eligibility restrictions.