Background Check Error Lawsuits in Portland

Portland has local rules for both jobs and housing. Its Removing Barriers to Employment ordinance, City Code chapter 23.10, covers employers with six or more employees for work done mostly in Portland. Employers may consider criminal history only after a conditional offer. Before rescinding an offer they must make a job-related determination based on an individualized assessment and give written notice. Oregon law separately bars employers statewide from excluding applicants from an initial interview because of a past conviction.

For rentals, Portland's Fair Access in Renting rules, City Code section 30.01.086, require landlords to publish screening criteria in advance and process applications in order. Under the low-barrier criteria, landlords may not consider arrests that did not lead to conviction, dismissed or expunged convictions, misdemeanors more than three years old or felonies more than seven years old. Landlords who use stricter criteria must assess each applicant individually and give written reasons for a denial.

In Clark County, Washington's Fair Chance Act applies, and since July 1, 2026 employers with 15 or more employees generally must wait for a conditional offer before obtaining criminal records. On both sides of the river, the federal Fair Credit Reporting Act requires background check and tenant screening companies to report accurately. Oregon-side cases are filed in the District of Oregon in Portland, and Clark County cases in the Western District of Washington.

Where Portland FCRA cases are filed

FCRA claims are federal, so they go to a United States District Court. Cases from Portland are heard in 2 federal districts:

District of OregonMultnomah, Washington, Clackamas, Yamhill and Columbia counties (Portland Division). Courthouses: Portland.Filed with local or cooperating counsel
Western District of WashingtonClark and Skamania counties, Washington (Tacoma courthouse). Courthouses: Tacoma.Filed with local or cooperating counsel

Our attorneys are licensed in Texas, California, and Georgia. Where they aren't admitted in your local federal court, we work with local or cooperating counsel who are. You may also be able to sue where the company that reported you is based, in a court where our attorneys are admitted:

Checkr: HQ in N.D. California
First Advantage and Sterling: HQ in N.D. Georgia
RealPage: HQ in N.D. Texas

Which court is right depends on your facts. We'll tell you at your free case review.

Local and state rules in Portland

Portland Removing Barriers to Employment (Portland City Code, Chapter 23.10)
Covers employers with six or more employees for work done mostly in Portland. Employers may consider criminal history only after a conditional offer, and before rescinding an offer must make a good-faith, job-related determination based on an individualized assessment and give written notice. Read it
Portland Fair Access in Renting (Evaluation of Applicants for Dwelling Units) (Portland City Code, Section 30.01.086)
Requires landlords to give advance notice of their screening criteria and process applications in the order received. Under the low-barrier criteria, landlords may not consider many older or non-conviction criminal records, and may not reject for a credit score of 500 or more, medical or education debt, or past-due amounts under $1,000. Landlords using stricter criteria must do an individualized assessment and give written reasons for a denial. Read it
Multnomah County hiring policy (Multnomah County administrative hiring policy (October 2007))
Removed the criminal history question from Multnomah County job applications. When criminal history is considered later in hiring, the county decides individually whether a conviction bears a rational relationship to the job. It covers county jobs only. Read it

State laws also apply: see Background Check Error Lawsuits in Oregon and Background Check Error Lawsuits in Washington.

Common background check errors

Someone else's criminal or eviction record matched to you by name
Dismissed, sealed or expunged cases still reported
Charges reported as convictions, or misdemeanors as felonies
The same case listed several times
Eviction filings reported without the dismissal or outcome

Learn how these cases work on our background check lawsuits page, or read our lawsuit guides for Checkr, Sterling, HireRight, First Advantage, RealPage, SafeRent, RentGrow and TransUnion Rental Screening.

Frequently asked questions

When can a Portland employer look at my criminal record?

Under Portland City Code chapter 23.10, covered employers may consider criminal history only after a conditional offer. To rescind the offer, the employer must make a job-related determination based on an individualized assessment and notify you in writing. If the background report was wrong, you may also have an FCRA claim against the company that prepared it.

Can a Portland landlord consider an old misdemeanor?

Under the low-barrier criteria in Portland's Fair Access in Renting rules, landlords may not consider misdemeanors more than three years old or felonies more than seven years old. Landlords who use stricter criteria must do an individualized assessment. A tenant screening report that shows an old or dismissed case incorrectly may also violate the FCRA.

Does Portland's rental screening law apply in Vancouver, Washington?

No. Portland's City Code applies within the City of Portland. Clark County renters are protected by Washington law and the federal FCRA, which requires tenant screening companies on both sides of the river to report accurately.

How long do I have to file an FCRA lawsuit in Portland?

FCRA deadlines are the same everywhere: generally two years from when you discover the violation, and no more than five years from when it happened (15 U.S.C. § 1681p). Waiting can cost you the claim.

Sources

Updated November 2026. This page is general information, not legal advice.