Oregon salary history ban: ORS 659A.357 and 652.220 for recruiters

Oregon restricts pay history in hiring through two statutes that work together. ORS 659A.357 bars an employer from seeking a candidate's salary history from the candidate or from a current or former employer. ORS 652.220, the pay equity law, bars screening applicants on current or past compensation and setting a new hire's pay based on it. The combination makes Oregon stricter than it first looks: there is no statutory exception that lets an employer use a number a candidate volunteers. Verification is allowed only after an offer that includes an amount of compensation, and only with the candidate's written authorization.

The statutes

ORS 659A.357, "Restricting salary history inquiries," enacted in 2017, reads:

"It is an unlawful practice under ORS chapter 659A for an employer or prospective employer to seek the salary history of an applicant or employee from the applicant or employee or a current or former employer of the applicant or employee. This section is not intended to prevent an employer from requesting from a prospective employee written authorization to confirm prior compensation after the employer makes an offer of employment to the prospective employee that includes an amount of compensation."

ORS 652.220(1) adds that it is an unlawful employment practice for an employer to:

• "(c) Screen job applicants based on current or past compensation."
• "(d) Determine compensation for a position based on current or past compensation of a prospective employee." The paragraph does not prevent an employer from considering a current employee's pay "during a transfer, move or hire of the employee to a new position with the same employer."

Who is covered

• Employers, including through agents. ORS 659A.001 defines "employer" as any person who in Oregon, "directly or through an agent, engages or uses the personal service of one or more employees." There is no larger size threshold.
• Recruiters and agencies. The same section defines "employment agency" to include "any person undertaking to procure employees or opportunities to work." ORS 659A.030(1)(h) makes it an unlawful practice "for any person, whether an employer or an employee, to aid, abet, incite, compel or coerce" any act forbidden by the chapter. A recruiter who asks for pay history on a client's behalf is exposed on both the agency and the aiding-and-abetting theories.
• Applicants and employees. Section 659A.357 protects both. The 652.220 carve-out for internal moves means an employer may consider an existing employee's current pay when moving them into a new role.

What is banned and what is allowed

The post-offer confirmation is an odd fit with 652.220(1)(d). If the offer cannot be based on past pay, confirming past pay after the offer has limited use. Most employers that need it use it to check a candidate's claims about a previous role, not to adjust the number.

Desks that cover Oregon and Washington together

Recruiters working the Portland and Vancouver market often screen the same candidate for roles on both sides of the Columbia River. The two states' rules look similar but differ where it matters:

The simplest approach for a shared desk is to apply the stricter rule to everyone: never ask, never pass on a volunteered figure, and lead with a range even for Oregon roles that do not legally need one. Our Washington salary history guide covers the other side of the river.

Oregon has no pay range posting law yet

Unlike most states in this series, Oregon does not pair its history ban with a statewide pay range posting requirement, as far as we could find as of October 2026. House Bill 2746 in the 2025 regular session would have required employers and employment agencies to include wage and benefit information in postings; the Legislature's record shows it remained in the Joint Committee on Ways and Means with no chapter number. Many employers hiring in Oregon post ranges anyway because the same job is open to candidates in Washington or California. See pay transparency laws by state for which neighboring rules may apply to a multistate or remote role.

Without a posting requirement, the screen is often the first time pay comes up. That makes it more important to have a range from the client before the call, so the conversation starts from the employer's number, not the candidate's.

Enforcement and penalties

• BOLI complaint. Under ORS 659A.820, a person claiming to be aggrieved by an unlawful practice may file a verified written complaint with the Commissioner of the Bureau of Labor and Industries.
• Civil action. ORS 659A.885 lists both 659A.357 and 652.220 among the violations that can be sued on in circuit court. The court may order injunctive and other equitable relief, including hiring with or without back pay (limited to two years before the complaint or suit), and may award costs and reasonable attorney fees.
• Damages for an inquiry. For a 659A.357 violation, ORS 659A.885(3) lets the court award "compensatory damages or $200, whichever is greater, and punitive damages," and either party may demand a jury.
• Pay equity claims. For 652.220 violations, ORS 659A.885(4) allows punitive damages where the employer acted with fraud, malice or willful and wanton misconduct, proved by clear and convincing evidence, or was previously found to have violated 652.220.

The "what do you make now?" moment: a script

Instead of asking

"The client's range is $65,000 to $78,000 with full benefits (example figures). What are you looking for in your next role?"

When the candidate volunteers it

"Thanks, but Oregon doesn't allow employers to set pay from what you earn now, so I'll leave it out. What would you need to make the move?"

When the client asks

"Oregon bars asking pay history and bars basing the offer on it, even if the candidate tells us. His expectation is $74,000. If you want to confirm his past pay after you make an offer, you'll need his written authorization."

On a reference call

Leave pay off the list entirely before an offer. The reference check template covers performance, scope and rehire eligibility without it.

An Oregon checklist

1. Remove salary history and minimum-prior-pay questions from applications and screens.
2. Get a range from the client before any outreach, since no posting law forces one.
3. Ask expectations only; see salary expectation questions.
4. Do not record or pass on a volunteered figure; Oregon offers no exception for it.
5. If post-offer confirmation is truly needed, get written authorization first.

For how Oregon compares with Washington and California next door, see salary history ban states.