Oregon’s new Equal Pay Act goes into effect over the next few years. However, starting on September 1, 2017, the provision of the law that prohibits asking for salary history from applicants and current employees went into effect. As a reminder, the applicable portion of the law provides:
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.
While this provision went into effect as of September 1, 2017, employees do not have a private right of action to enforce violations of the law until January 1, 2024.
We will continue to post as other portions of the law go into effect. In the interim, employers should revise job applications and other initial hiring documents to remove questions about salary history.