On May 22, 2025,Oregon Governor Tina Kotek signed into law House Bill 3187, ushering in significant changes to the state's employment discrimination and workplace safety laws. The legislation broadens protections related to age discrimination, restricts certain hiring practices, and removes arbitrary age barriers for apprenticeships. HB 3187 takes effect 91 days after the 2025 legislative session adjourns.
Expanded Age Discrimination Protections
Oregon law has long prohibited employment discrimination based on age for individuals 18 and older. HB 3187 builds on that foundation with a new prohibition on pre-interview age-related inquiries. Specifically, employers, prospective employers, and employment agencies may not request or require the following before completing an initial interview (or before extending a conditional offer if no interview occurs):
- An applicant's age or date of birth
- Days of attendance or graduation form an educational institution
There are narrow exceptions, allowing such inquiries only if:
- The information is needed to confirm the applicant meets a bona fide occupational qualification (BFOQ); or
- The disclosure is required by federal, state, or local law.
For example, age-based restrictions may be necessary for roles involving alcohol sales or to comply with certain physical safety concerns. However, employers are encouraged to carefully evaluate whether their inquiries genuinely fall within these exceptions. While HB 3187 does not define BFOQ, the Oregon Bureau of Labor and Industries (BOLI) provides guidance through OAR 839-005-0013, which outlines the employer's burden to prove that a BFOQ exists. It states, "To prove a BFOQ, the employer must show that the BFOQ is reasonably necessary to the normal operation of the business." BOLI may also engage in further rulemaking to clarify permissible practices under the new law.
Practical Compliance Tips for Employers:
- Review and update employment applications (especially online forms) to remove age-identifying fields such as graduation year.
- Audit AI-based screening tools to ensure no implicit age filtering occurs.
- Train hiring managers and interviewers to avoid asking questions like "What year did you graduate?" during early hiring stages.
- Evaluate timing of background checks that require date of birth to ensure compliance.
With HB 3187 taking effect later this year, employers should act promptly to align their hiring procedures with the new restrictions.
Removal of Age Limits for Apprenticeships
Another notable provision of HB 3187 is the repeal if a prior exception that allowed apprenticeship programs to exclude older applicants based on their ability to complete training before age 70. The change reinforces Oregon's commitment to preventing age-based exclusion and promoting equal access to career development opportunities for workers of all ages.
Moving Forward
House Bill 3187 significantly expands Oregon's employment laws, particularly around age discrimination. For employers, these changes require prompt attention and careful implementation. Businesses should take immediate steps to audit hiring practices, revise application materials, and train hiring personnel to avoid questions or processes that could trigger liability. By addressing these issues proactively, employers can reduce the risk of enforcement actions or civil litigation, demonstrate good faith compliance, and position themselves for a strong defense should claims arise.
The team at Wood Smith Henning & Berman is available to answer any questions you may have regarding how the revised laws may impact your business. Please do not hesitate to contact us for further assistance.
