Impact of Oregon’s HB 3187 on Employers’ Use of Date of Birth and Age

June 20, 2025 Kathleen McAuliffe

The Basics

Location: Oregon  

Legislation: HB 3187

Type: Anti-Discrimination (Age)

Effective: On or Around September 28, 2025

 

Key Takeaways

      Employers, prospective employers, and employment agencies will be prohibited from asking for an applicant’s age, date of birth, and dates of attendance or graduation from educational institutions until after an initial interview or as otherwise permitted. 

What does this mean to employers?

      Employers and others as defined by the Bill, will be prohibited from asking for an applicant’s age, date of birth, and educational institution attendance or graduation date unless:

  •       An initial interview was already completed; or

  •       If there was no initial interview, a conditional employment offer was extended.

Are there any exemptions?

         These restrictions do not apply when such information is required to affirm the applicant meets bona fide occupational qualifications (BFOQ) or to comply with any federal, state, or local law, rule or regulation.

Recommendations and Items of Consideration 

We recommend employers review and discuss with your legal counsel your organization’s policies and procedures to ensure continued compliance with the changing laws and regulations.    

Items employers may want to consider include:

  •       The timing of background check requests that require an applicant’s date of birth, which may need to be requested after an initial interview or conditional employment offer if one of the above exceptions does not apply.

  •       Ensuring employment applications, applicant tracking systems, or artificial intelligence applicant screening tools comply with the new law.  

Please note: The information provided above is strictly for educational purposes.  It is not intended to be legal advice, either expressed or implied. Accurate recommends that you consult with your legal counsel regarding all employment regulations. 

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