Your pay rights in Oregon
Oregon Equal Pay Act (House Bill 2005, 2017), pay history rules (ORS 659A.357 and ORS 652.220(1)(c)–(d) (Oregon Laws 2017, chapter 197))
Rules in effect since October 6, 2017
Oregon employers don't have to post pay in job ads, but they may not ask about your pay history, screen you based on it, or set your pay from it. They may confirm past pay only with your written permission after offering you a job with pay.
Who is covered
All employers with one or more employees working in Oregon, public or private. There is no minimum size. The rules also apply to prospective employers hiring for work in Oregon.
What you must be told about pay
- No posting requirement. Oregon law does not require pay ranges in job ads.
Pay history
Employers may not ask you, or your current or past employers, about your pay history, screen you based on your current or past pay, or set the pay for the job based on it.
What you can do
- After offering you a job that includes an amount of pay, an employer may ask for your written permission to confirm your past pay.
- An employer may ask what pay you would like.
- File a complaint with the Bureau of Labor and Industries' Civil Rights Division, or sue in court, within one year.
Where to report a violation
Violations are unlawful employment practices. Through a BOLI complaint or a lawsuit, remedies can include compensatory damages, a court order and attorney fees, plus back pay where pay was unequal.
Sources
- ORS 659A.357: Restricting salary history inquiries (Oregon Legislature)
- ORS 652.220: Prohibition of discriminatory wage rates (Oregon Legislature)
- House Bill 2005 (2017), enrolled text
- HB 2005 (2017) overview, Oregon Legislative Information System
- Equal Pay, Oregon Bureau of Labor and Industries
The ban on asking about pay history (ORS 659A.357, section 4 of the 2017 law) took effect on the 91st day after the 2017 regular session adjourned, which works out to October 6, 2017; the act states the 91st-day rule, not the date.357, section 4 of the 2017 law) took effect October 6, 2017, the 91st day after the 2017 session adjourned on July 7. The bans on screening applicants by past pay and setting pay from it (ORS 652.220(1)(c)–(d)) apply from January 1, 2019, under section 14 of the law. That an employer may not consider pay history an applicant shares voluntarily, and that asking about preferred pay is allowed, come from BOLI's guidance rather than the statute. No Oregon law requiring pay ranges in job ads was found as of the last check.