House Passes the Ohio Fair Hiring Act

UPDATE 12/23/15:  Governor Kasich signed into law the Ohio Fair Housing Act (the “Act”) on Tuesday, December 22, 2015.  This means the 90 day clock has begun for employers to review their employment applications to ensure compliance with the Act.

On December 9, 2015 Ohio’s Senate passed House Bill 56, the Ohio Fair Hiring Act (the “Act”).  The Act is a reflection of the movement to prohibit public employers from including questions concerning the criminal background of the applicant, affectionately known as “Ban the Box.”  Specifically, the Act provides that the following language be codified in the Ohio Revised Code:

“No public employer shall include on any form for application for employment with the public employer any question concerning the criminal background of the applicant.”

If a particular position has a statutory restriction in regards to an applicant’s criminal background, the Act does not prohibit employers from including a statement on any form for application notifying an applicant of any law that disqualifies an individual with a particular criminal history from employment.  The Act also included minor revisions to Ohio Revised Code §§124.11 and 124.34.  These revisions state that a classified employee who is convicted of a felony while in the classified civil service will forfeit their right to continue in the classified service, in other words, become unclassified.  Prior to the Act, a classified employee could become unclassified for any conviction of a felony, including convictions prior to employment.

Public Employers are still permitted to conduct background checks and are not prohibited from asking about felony convictions later in the application process.  However, just because an employer may ask at a later stage in the application process doesn’t necessarily mean that the information obtained should be considered in making the employment decision.  In 2012, the EEOC issued its Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964.  Employers should review these guidelines and be familiar with what the EEOC considers when determining if discrimination has taken place through the employers disqualification of applicants based on arrest and/or conviction records.

Employer Take-Away 

The Act still has to go to Governor Kasich for approval.  However, the writing is on the wall given the Governor’s own initiative to “ban the box” for all State departments back in June.  The Act will become effective 90 days after the Governors approval.  Employers should review their applications and policy manuals to ensure compliance with Act.

For more information on the House Bill 56 or other human resource needs please contact Clemans Nelson at (800)-282-0787 or at one of the following regional offices: