(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. [2012 c.85 §2]