On May 22, 2025, Governor Tina Kotek signed House Bill 3187, expanding the state's employment protections for hiring and apprenticeships. Legislation adjourned on June 27th, and the bill became effective 91 days later.
Historically, most age discrimination laws have focused more directly on employees forty and older. Oregon’s pre-existing regulations via ORS 659A.030, among other discrimination guidelines, prohibit discrimination against individuals eighteen or older in hiring, dismissal, or any aspect of employment based on age. While the previous version of ORS 659A.030 created intent to avoid age discrimination, revisions under House Bill 3187 establish clearer guidance. With an increased focus on workplace fairness, House Bill 3187 helps clarify boundaries to keep employers compliant and confident in their hiring and interview processes.
What does House Bill 3187 mean for employers and HR professionals hiring in Oregon?
House Bill 3187 (HB 3187) is slated to go into effect on September 26, 2025, setting new specified guidelines related to age in the hiring process. Oregon HB 3187 expands age discrimination protections by prohibiting employers from asking about an applicant’s age or education dates up front, creating a shift toward more inclusive and unbiased hiring practices that are inclusive of discrimination based on age over performance.
New inclusions under HB 3187
HB 3187 makes one pivotal change to ORS 659A.030: It prohibits employers and employment agencies from asking about an applicant’s age, date of birth, or the dates of educational attendance or graduation until specific milestones in the hiring process have occurred. Specifically, questions intended to identify age are now off-limits unless:
- An initial interview has taken place, or
- After a conditional employment offer has been made to applicants who do not participate in an interview.
Oregon hopes to eliminate subtle age-based screening early in the hiring journey, allowing candidates to be evaluated on their ability and experience instead of their age. In addition to changes to the hiring process, the bill also repeals a provision that previously allowed apprenticeship programs to exclude elderly applicants. Apprenticeship programs will no longer be allowed to reject an apprentice based on the premise that they will be unable to complete the required apprenticeship training before the age of 70.
Exceptions and hiring process adjustments
HB 3187 doesn’t entirely prohibit age-based questions in every circumstance, but it sets a new default for when questions that consequently reveal age can be asked. In most circumstances, age details belong further into the hiring process, if necessary, after employers have had a chance to assess a candidate's capabilities fairly. However, Section 1.1.A, states there are limited exceptions for bona fide occupational qualifications and legal compliance where age-related inquiries are required for the role.
For the full details of the HB 3187 inclusions, take a closer look here.
The impact on remote work and future hiring policies
Even if you do not hire in Oregon, it’s important to know that HB 3187 still applies to employers who hire remote employees in the state. Beyond legal boundaries, Governor Kotek’s signature could represent more than a state-specific legal change. It sends a message that the rules of hiring and engaging candidates are due for a change. Even if your organization operates outside Oregon and does not hire outside of your state, HB 3187 signals the direction in which U.S. employment law is likely moving.
Many other states maintain more limited age protections, often only covering those who are 40 and above. Employment law continues to evolve, and HB 3187 is a unique example of how states are continuing to advance workplace equity and how HR professionals play a critical role in shaping open, unbiased, and diverse teams.
If your team operates or hires employees in Oregon
While HB 3187 may just sound like another revision employers are now required to abide by, it provides some needed clarification for employers on where the line is drawn for ageism and how to avoid it. Meeting with your legal counsel to see how this applies to you and putting a plan into action can help you ensure compliance and protect your organization from potentially costly missteps.
This content is for informational purposes only and shall not constitute legal opinion or advice. Consult your legal counsel to ensure compliance.
