BOLI does not enforce federal immigration or work authorization requirements – but we can help you navigate Oregon’s legal hiring and employment rules.
BOLI enforces civil rights protections and wage and hour laws for all employees working in Oregon,
regardless of immigration status.
State and federal anti-discrimination laws protect employees from being treated differently because of characteristics such as race, color, age, and gender. Among other characteristics,
employers also must not discriminate against employees or applicants based on
national origin.
Similarly, employers must not use immigration status as a pretext for discrimination based on protected classes, including race, color, or national origin.
Employees have a right to make good-faith complaints about wages, sick time, safety conditions, or other workplace protections.
Employers must not retaliate against employees by threatening to call Immigration and Customs Enforcement (ICE) for inquiring about or registering complaints about health, safety, wages, or other workplace concerns.
Check out and share our one-pager on
immigrants’ rights at work in Oregon in English and Spanish! Click here for general information about
discrimination on the job.
Work Authorization and Federal Inspections
Work authorization is distinct from immigration status. Under federal law, employers face severe penalties if they hire employees not authorized to work in the United States. To comply with the law, employers must complete and retain a Form I-9 (Employment Eligibility Verification Form) verifying the identity and employment authorization of each person they hire.
Employers may not discriminate based on national origin or engage in recruitment that have the purpose of excluding applicants based on national origin. For more on navigating legal hiring requirements in Oregon, visit our fact sheets on
Hiring Discrimination and our checklist for
Hiring Your First Employees.
Best practices include calendaring expiring work authorization documents and updating those records as appropriate. If no applicable extension applies, continuing to employ someone whose temporary authorization has expired is unlawful. Remember, employees can choose which documents to submit to the employer for review as long as they are on the list of approved documents.
If employers receive
notice of a federal inspection of their I-9 records, they must
notify employees within three business days and provide workers with additional information. Businesses may use the
templates here to meet the law’s requirements.
Employers have the right
not to consent to officers' entry into non-public areas of a workplace if the officers do not have a
judicial warrant that gives them specific permission to enter.
Oregon is a Sanctuary State
Oregon’s promise to you as a sanctuary state means two things:
Public bodies may not ask about a person’s citizenship or immigration status to determine eligibility for a benefit unless they are specifically required by law.
Public bodies in Oregon, including BOLI, may not cooperate with federal immigration officials or disclose to federal immigration officials information about any person such as their address, place of work or school, work or school hours, contact information, the identity of known relatives or associates or their contact information, or the date, time or location of any of their appointments, hearings or proceedings unless they are matters of public record or a court order applies.
Getting Help
BOLI enforces dozens of wage and hour, civil rights, and leave laws. Knowing which of these laws apply and what they require can be complex. Know that you can reach out for help.
If you believe your rights have been violated,
file a complaint with our agency.
Oregon.gov/BOLI
BOLI_help@boli.oregon.gov
971-245-3844
BOLI will NOT ask about your immigration status, and BOLI will NOT report your immigration status to enforcement agencies.
If you are an employer, we can help you navigate Oregon’s legal hiring and employment rules. Our
Employer Assistance staff do not provide legal advice for specific situations, but we can provide information on applicable statutes and rules as well as HR best practices to help you make informed business decisions.
Employer Assistance maintains a firewall between BOLI’s enforcement divisions, so you never have to choose between triggering an investigation and getting the information you need.
Feel free to reach out directly at 971-361-8400 or
employer.assistance@boli.oregon.gov.
Resources
Click here for
additional resources, on workplace rights, discrimination protections, including what to do if immigration enforcement arrives at your job. You'll also find contacts for legal support and reporting unsafe work conditions.
More on Oregon’s Sanctuary promise:
Oregon Department of Justice Sanctuary Promise Community Toolkit
Employees may also contact ECO (Equity Corps of Oregon) at 1-888-274-7292 or PCUN Service Center at 503-902-0367 for information related to immigrant and refugee workers’ rights.
The law
ORS 180.805 – Oregon’ sanctuary law
ORS 659A.030 – Oregon discrimination protections
Title 8 USC Chapter 12 - Immigration Reform and Control Act of 1986