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Portland Bans Employers From Screening Out Ex-Offenders In Hiring Process

<p>In this Tuesday, Oct. 6, 2015 photo, job applications and information for the Gap Factory Store sit on a table during a job fair at Dolphin Mall in Miami.</p>

Wilfredo Lee

In this Tuesday, Oct. 6, 2015 photo, job applications and information for the Gap Factory Store sit on a table during a job fair at Dolphin Mall in Miami.

The Portland City council passed a law Wednesday that bars most employers from asking job applicants about any criminal record during the interview process.

The new law requires employers to wait until they've given a candidate a conditional job offer before running a background check, and to decide on a case-by-case basis whether a person's past offense is relevant to the job.

At that point, employers can decline to offer a job to a person with a criminal history, but they are not allowed to take into consideration an arrest that did not lead to a conviction, or nonviolent charges resolved through a diversion program.

The law passed unanimously. Casting his vote, Commissioner Steve Novick cited research that suggests ex-offenders who find jobs are much less likely to commit new crimes.

"I am extremely proud," he said. "I think this is a tremendous day for Portland and an important civil rights ordinance," he said.

Other council members cited research that has shown that black men in particular are more harshly penalized by prospective employers for having a criminal record.

More than half of ex-offenders are jobless a year after their release, according to the National Institute of Justice.

The Portland Business Alliance opposed the ordinance, and Dave's Killer Bread, one of the highest profile employers of ex-offenders in Oregon, expressed concerns that it would inhibit helpful conversations during the hiring process.

The new law includes an exception for employers hiring staff to work with children, the elderly, people with disabilities, and other vulnerable groups. It does not apply to employers with fewer than six employees.

The law goes into effect July 1, 2016. People who believe their rights under the law have been violated will be able to file complaints through the Oregon Bureau of Labor and Industries.

Copyright 2015 Oregon Public Broadcasting

Amelia Templeton is a multimedia reporter and producer for Oregon Public Broadcasting, covering Portland city hall, justice and local news. She was previously a reporter for EarthFix, an award-winning public media project covering the environment in the Northwest.