Ohio
  • Updated on 12 Mar 2020
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Ohio

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Ban-The-Box & Fair Hiring Laws By State

We update this overview of ban-the-box rules often. But laws change quickly, and we cannot guarantee all information is current. Always consult your attorney for legal advice.

Guidance
Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.


STATE LAWS — PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for the state of Ohio, including cities and counties.

Timing of inquiry: Public sector employers in Ohio may only inquire into criminal history after a conditional offer.

Adverse action implications:

  • Individualized assessment. This location requires an individualized assessment be performed prior to final adverse action.

COUNTY LAWS

AKRON, OH – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for the city of Akron, OH.

Timing of inquiry: Public sector employers for the city of Akron may only inquire into criminal history once the applicant is certified for an interview.

Adverse action implications:

  • Individualized assessment: This location requires an individualized assessment be performed prior to final adverse action.

Note: This law’s requirements are in addition to the State requirements for public employers. See Ohio’s requirements here.

ALLIANCE, OH – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for the City of Alliance, OH.

Timing of inquiry: Public sector employers for the city of Alliance may only inquire into criminal history when the position is one of public safety or one in which an individual comes into contact with money. In these cases, a criminal inquiry is only made after the candidate is selected as a finalist.

Adverse action implications:

  • Individualized assessment: This location requires an individualized assessment be performed prior to final adverse action.
  • Final adverse action: The final adverse action process must inform the applicant of specific reasons for AA.

Note: This law’s requirements are in addition to the State requirements for public employers. See Ohio’s requirements here.

CANTON, OH – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for the City of Canton, OH, who must follow civil service rules.

Timing of inquiry: Public sector employers for the city of Canton may only inquire into criminal history.

Adverse action implications:

  • Individualized assessment: This location requires an individualized assessment be performed prior to final adverse action.

Note: This law’s requirements are in addition to the State requirements for public employers. See Ohio’s requirements here.

CINCINNATI, OH – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for the City of Cincinnati, OH.

Timing of inquiry: Public sector employers for the city of Cincinnati may only inquire into criminal history after a conditional offer of employment.

Adverse action implications:

  • Individualized assessment: This location requires an individualized assessment be performed prior to final adverse action.
  • Pre-adverse action: Employers must give the candidate all information relied on when making the determination that information in the background check may be a basis for denying employment.
  • Waiting period: You must wait 10 business days between sending a pre-adverse action notice and sending a final adverse action notice.

Note: This law’s requirements are in addition to the State requirements for public employers.

CLEVELAND, OH – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for the City of Cleveland, OH.

Timing of inquiry: Public sector employers for the city of Cleveland may only inquire into criminal history when a candidate is deemed a finalist.

Adverse action implications:

  • Individualized assessment: This location requires an individualized assessment be performed prior to final adverse action.

Note: This law’s requirements are in addition to the State requirements for public employers.

CUYAHOGA COUNTY, OH – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employees for Cuyahoga County, OH.

Timing of inquiry: Public sector employers for Cuyahoga County may only inquire into criminal history after a conditional offer of employment.

Adverse action implications:

  • Individualized assessment: This location requires an individualized assessment be performed prior to final adverse action.

Note: This law’s requirements are in addition to the State requirements for public employers. See Ohio’s requirements here.

DAYTON, OH – PUBLIC SECTOR

Who must follow: This ban-the-box law applies to public sector employers for the city of Dayton, OH.

Timing of inquiry: Public sector employers for the city of Dayton may only inquire into criminal history after the candidate list has been narrowed.

Adverse action implications:

  • Individualized assessment: This location requires an individualized assessment be performed prior to final adverse action.
  • Final adverse action: Employers must inform the applicant of the specific reasons for final adverse action.

Note: This law’s requirements are in addition to the State requirements for public employers.

FRANKLIN COUNTY, OH – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for Franklin County, OH.

Timing of inquiry: Public sector employers for the city of Akron may only inquire into criminal history after a conditional offer of employment.

Adverse action implications:

  • Individualized assessment: This location requires an individualized assessment be performed prior to final adverse action.

Note: This law’s requirements are in addition to the State requirements for public employers.


HAMILTON COUNTY, OH – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for Hamilton County, OH.

Timing of inquiry: Public sector employers for Hamilton County, OH may only inquire into criminal history after a conditional offer of employment.

Adverse action implications:

  • Individualized assessment: This location requires an individualized assessment be performed prior to final adverse action.
  • Final adverse action: The final adverse action notice must inform the applicant of the specific reasons for the adverse action.

Note: This law’s requirements are in addition to the requirements imposed under Ohio’s state’s requirements for public employers.

LUCAS COUNTY, OH – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for Lucas County, OH.

Timing of inquiry: Public sector employers for Lucas County may only inquire into criminal history after the applicant is selected as a finalist.

Adverse action implications: None

Note: This law’s requirements are in addition to the requirements imposed under Ohio’s state’s requirements for public employers.

MASSILLON, OH – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for Massillon County, OH who are subject to civil service rules.

Timing of inquiry: Public sector employers for Massillon County may only inquire into criminal history during the interview or later.

Adverse action implications:

  • Individualized assessment. This location requires an individualized assessment be performed prior to final adverse action.

Note: This law’s requirements are in addition to the requirements imposed under Ohio’s state’s requirements for public employers.

NEWARK, OH – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for the city of Newark, OH.

Timing of inquiry: Public sector employers for the City of Newark may not inquire into criminal history on the job application.

Adverse action implications: None

Note: This law’s requirements are in addition to the requirements imposed under Ohio’s state’s requirements for public employers.

SUMMIT COUNTY, OH – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for Summit County, OH.

Timing of inquiry: Public sector employers for Summit County may only inquire into criminal history if the position is security-sensitive, and then, only after the interview.

Adverse action implications:

  • Individualized assessment. This location requires an individualized assessment be performed prior to final adverse action.

Note: This law’s requirements are in addition to the requirements imposed under Ohio’s state’s requirements for public employers.

WARREN, OH – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for the City of Warren, OH.

Timing of inquiry: Public sector employers for the City of Warren may not inquire into criminal history on the job application.

Adverse action implications: None

Note: This law’s requirements are in addition to the requirements imposed under Ohio’s state’s requirements for public employers.

YOUNGSTOWN, OH – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for the city of Youngstown, OH.

Timing of inquiry: Public sector employers for the city of Youngstown may only inquire into criminal history after determining the applicant is qualified and is prepared to make an offer.

Adverse action implications: None

Note: This law’s requirements are in addition to the requirements imposed under Ohio’s state’s requirements for public employers.

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