COLUMBUS, Ohio — New legislation introduced in the Ohio Senate would prohibit most private employers from asking about an applicant’s criminal history on initial job applications. Supporters say the bill is designed to help people with prior convictions reenter the workforce more fairly.
Senate Bill 143, sponsored by Sen. Hearcel Craig (D-Columbus) and Sen. Louis Blessing (R-Colerain Township), was introduced on March 11 and referred to the Senate Workforce Development Committee on March 19. The bill has bipartisan backing and is currently at 25 percent progression in the legislative process.
If passed, the bill would create section 4113.86 of the Ohio Revised Code, establishing new guidelines for how private employers can consider criminal backgrounds during hiring.
The proposal applies to private employers with five or more employees but excludes government entities such as state agencies and local governments.
What the bill does
The legislation would make it unlawful for employers to:
- Include questions about criminal history on initial job applications
- Inquire about or consider an applicant’s criminal background during the early stages of hiring
- Consider arrests that didn’t lead to a conviction
- Use participation in a diversion program as a factor in employment decisions
Employers are still allowed to conduct background checks after the initial application stage, but only if they comply with the bill’s process.
Due process for applicants
If a background check reveals prior convictions and an employer intends to deny the applicant a job, the bill requires the employer to:
- Conduct an individualized assessment based on the offense, how long ago it occurred, and the relevance to the job
- Provide written notice outlining the reasons for the preliminary decision
- Include a copy of the background check and inform the applicant of their right to respond with additional information, including evidence of rehabilitation
- Wait at least five days for a response, with an extension if the applicant disputes the accuracy of the background check
If the employer finalizes the decision to deny employment, they must notify the applicant in writing and provide information on how to file a complaint with the Ohio Civil Rights Commission.
Enforcement and exceptions
Violations would be considered an unlawful discriminatory practice under Ohio law. Applicants harmed by noncompliance could file a complaint through the Civil Rights Commission process.
The law would not apply to positions where background checks are already required by federal, state, or local law.
Current status
Senate Bill 143 is awaiting further discussion in the Senate Workforce Development Committee. If it advances, it will move to the full Senate for consideration.