Oregon Impacts Employer Collection of Age-Related Information

Effective September 28, 2025, Oregon’s discrimination law is amended to make it an unlawful employment practice for an employer, prospective employer or employment agency, to collect age, date of birth, or attendance or graduation dates at any educational institution. (HB 3187).

Employers may collect such information after an initial interview is conducted. If no interview is conducted, then such information may be collected after a conditional offer of employment is extended.

This new restriction contains exceptions for when the information is required to: (a) affirm the applicant meets bona fide occupational qualifications, and (b) comply with any provision of federal, state or local law, rule or regulation.

Employers should review this law with qualified legal counsel to determine if any information collection practices need to be modified including the collection of this information in conjunction with a background check request.