Think Before You Ask: Oregon Cracks Down on Age-Related Hiring Questions and Increases Age Discrimination Protections for Apprentices

Oregon is widely considered an employee-friendly state with a robust framework of statutes prohibiting various forms of discrimination and retaliation in employment. When it comes to age, Oregon is one of only a handful of states that prohibits employment discrimination against individuals as young as 18. On May 22, 2025, Oregon Governor Tina Kotek signed into law Oregon HB 3187, significantly expanding Oregon’s age discrimination protections in hiring and apprenticeships. HB 3187 is scheduled to take effect 91 days after the legislature adjourns, giving employers time to update their hiring practices and policies.

Hiring Age-Related Inquiries

Employers and employment agencies will be prohibited from asking for an applicant’s age, date of birth, and educational institution attendance or graduation date unless:

• An initial interview was already completed; or
• If there was no initial interview, a conditional employment offer was already extended.

These restrictions do not apply when such information is required to affirm the applicant meets bona fide occupational qualifications (BFOQ) or to comply with any federal, state, or local rule or regulation. For example, certain positions may require age-based restrictions due to safety or other requirements. Employers may want to evaluate whether such information truly falls under either exception before making such inquiries.¹

Employers may also want to review their employment applications, artificial intelligence applicant screening tools, and interview procedures to ensure compliance with the new law. For example, online application forms requesting date of graduation may need to be modified. As another example, employers may want to train interviewers to avoid asking candidates what year they graduated, as such questions during an initial interview could soon be considered unlawful. Employers may also want to evaluate the timing of background check requests that require an applicant’s date of birth, which may need to be requested after an initial interview or conditional employment offer if one of the above exceptions does not apply. 

While this new law may seem daunting, the enacted version of Oregon HB 3187 was watered down from its introduced version, which originally sought to create new grounds for litigation by making salary, experience, and retirement status “proxies” for age discrimination claims.

Removal of Age Limits for Apprenticeships

Oregon HB 3187 also repeals a provision that allowed apprenticeship programs to exclude elderly applicants. Apprenticeship programs will no longer be allowed to reject an apprentice because they would be unable to complete required apprenticeship training before the age of 70.