Oregon Law Alert: Employers Should Stop Asking About Pay History

by Mammoth Team on October 6, 2017


The portion of the Oregon Equal Pay Act that forbids inquiring about an applicant’s salary history takes effect on October 6. Here's what you need to know.

The Oregon Equal Pay Act was passed earlier this year with the intent of eradicating pay inequality based on a person’s inclusion in a protected class. BOLI, the Bureau of Labor and Industries, will not begin enforcing this provision until 2019, and individuals will not be able to file suit for violation of this provision until 2024. The delayed enforcement means that employers have a bit of time before compliance is essential. That said, we encourage employers to remove any past salary inquiry from applications and counsel those who conduct interviews not to ask, starting now.

Beginning in January of 2019, employers will need to be able to show that pay disparities are based on one or more of seven bona fide reasons. A person’s past salary history is not one of those acceptable reasons. By ceasing the practice of asking about salary history now, employers have a better chance of being able to show 15 months from now that pay discrepancies are based solely on those bona fide reasons.

Learn more at www.oregon.gov/boli.


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Topics: Compliance, Wage & Hour

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