Bill Text: OR SB1548 | 2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to advertisements for job vacancies; and declaring an emergency.

Spectrum: Moderate Partisan Bill (Democrat 33-8)

Status: (Passed) 2012-03-27 - Effective date, March 27, 2012. [SB1548 Detail]

Download: Oregon-2012-SB1548-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2012 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 199

                        Senate Bill 1548

Sponsored by Senators ROSENBAUM, BOQUIST, COURTNEY,
  Representative J SMITH; Senator WINTERS (Presession filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Prohibits publication of advertisement for job vacancy that
limits applicants to persons who are not currently unemployed.
Imposes civil penalty for violation.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to advertisements for job vacancies; and declaring an
  emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2012 Act is added to and made
a part of ORS chapter 659A. + }
  SECTION 2.  { + (1) Except as permitted under ORS chapter 240
or any other provision of law, an employer, the employer's agent,
representative or designee or an employment agency may not
knowingly or purposefully publish in print or on the Internet an
advertisement for a job vacancy in this state that provides that:
  (a) The qualifications for a job include current employment;
  (b) The employer, the employer's agent, representative or
designee or the employment agency will not consider or review an
application for employment submitted by a job applicant who is
currently unemployed; or
  (c) The employer, the employer's agent, representative or
designee or the employment agency will only consider or review
applications for employment submitted by job applicants who are
currently employed.
  (2) Violation of this section is an unlawful practice.
  (3) Nothing in this section shall be construed to:
  (a) Prohibit an employer, the employer's agent, representative
or designee or an employment agency from publishing in print or
on the Internet an advertisement for a job vacancy in this state
that contains a provision:
  (A) Setting forth qualifications for a job vacancy, including
but not limited to:
  (i) Holding a current and valid professional or occupational
license, certificate, registration, permit or other credential;
or
  (ii) A minimum level of education or training, or professional,
occupational or field experience; or
  (B) Stating that only applicants who are current employees of
the employer will be considered for the position.
  (b) Create or authorize a private cause of action by an
aggrieved person against an employer, the employer's agent,
representative or designee or an employment agency that is
alleged to violate or has violated this section.
  (4) An employer or employment agency that is found to have
violated subsection (1) of this section by the Commissioner of
the Bureau of Labor and Industries shall be assessed a civil
penalty as provided under ORS 659A.855. + }
  SECTION 3.  { + This 2012 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2012 Act takes effect on its
passage. + }
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