Employer testing restrictions (polygraph, breathalyzer, psychological stress, brain-wave and genetic tests)
ORS 659A.300
Employees · Genetic
Bars employers from subjecting workers or applicants to breathalyzer, polygraph, psychological stress, brain-wave or genetic tests, with narrow exceptions for consensual breath tests (or required tests on reasonable suspicion), consensual polygraphs in legal proceedings, and consented genetic tests for a bona fide occupational qualification.
- Where
- Oregon
- Citation
- ORS 659A.300
- Status
- In force
- Enforced by
- Oregon Bureau of Labor and Industries (ORS 659A.820); civil action under ORS 659A.885
- People can sue
- Yes
- Penalties
- Unlawful employment practice; BOLI complaint or civil action for injunctive and equitable relief, back pay and attorney fees (ORS 659A.885(1)-(2)).
- Applies to
- Employers, as to employees and prospective employees
Practices it requires
- Do not require or subject employees or applicants to polygraph, psychological stress, brain-wave or genetic tests.ORS 659A.300(1)
- Breath or blood alcohol tests only with consent, or on reasonable grounds of intoxication, at the employer's cost.ORS 659A.300(4)
- Genetic tests only with informed consent under ORS 192.535 and solely to determine a bona fide occupational qualification.ORS 659A.300(5)
Sources
Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.
Unverified: Original effective date not fetched (formerly ORS 659.227).
Research reference, not legal advice.