Ohio Fair Hiring Laws

Various laws are in effect that impact employment, including some that dictate the regulations around recruiting and hiring new employees. Review our detailed guide to fair hiring laws in Ohio and how they differ from federal regulations.

What Are Fair Hiring Laws?

Fair hiring laws are regulations administered federally by the Equal Employment Opportunity Commission (EEOC) and Department of Labor (DOL). They apply across all states in the U.S., although some states have stricter laws in place. More than 180 laws cover workplace activities, protecting more than 165 million workers. Some of these related to the process of recruiting and hiring new employees.

What Are “Ban-the-Box” Laws?

Ban-the-box laws limit when an employer can ask about a candidate’s criminal history during the hiring process. The term refers to eliminating the box that must be checked on a traditional application when the individual has such a record.

Under Section 9.73 of the Ohio Revised Code, General Provisions, public employers in Ohio are required to consider applicants based on qualifications rather than criminal convictions. Applicable employers may not inquire about criminal background information unless the position requires it. Applicants with criminal convictions must be considered based on various factors and not immediately disqualified based on that information.

Does Ohio Have Fair Hiring Laws That Differ from Federal Fair Hiring Laws?

Yes, the Ohio Civil Rights Act and other laws offer broader protections than federal fair hiring regulations.

Do Ohio Hiring Laws Match or Differ from the Federal Equal Pay Act (EPA)?

Ohio state law complements the EPA, although it goes beyond sex-based wage discrimination. It prohibits wage discrimination based on race, ancestry, national origin, color, religion, and age as well.

Do Ohio Hiring Laws Match or Differ from the Age Discrimination in Employment Act (ADEA)?

Although the Ohio Revised Code Chapter 4112 prohibits discrimination in hiring based on age (40 and older), it applies to employers with 4+ employees, offering broader protections than the ADEA.

Do Ohio Hiring Laws Match or Differ from the Americans with Disabilities Act (ADA)?

The Ohio Civil Rights Act (OCRA) protects individuals from discrimination based on disability status. The protections and language are similar to the information in the ADA.

Do Ohio Hiring Laws Match or Differ from the Genetic Information Nondiscrimination Act (GINA)?

Ohio has a law in place restricting employers from using genetic information to make hiring decisions. It is similar to GINA, although it applies to more employers (those with 4+ employees) than the federal regulation.

Do Ohio Hiring Laws Match or Differ from Title VII of the Civil Rights Act of 1964?

The OCRA prohibits discrimination based on additional protected characteristics. These include military status, ancestry, age, and disability. It applies to employers with 4+ employees, while Title VII of the Civil Rights Act applies to those with 15+.

Are There Different Fair Hiring Laws in Cities or Municipalities Across Ohio?

Yes, several cities and municipalities in Ohio enacted ban-the-box laws before the statwide regulation was implemented. These include Akron, Alliance, Canton, Cincinnati, Cleveland, Dayton, Massillon, Newark, Warren, and Youngstown. Cuyahoga, Summit, Franklin, Lucas, and Hamilton Counties enacted similar laws.

Additionally, the city of Columbus has a restriction in place that prevents employers from relying solely on salary history when setting pay or other compensation. Some exceptions apply.

With the right tools, ensuring fairness when recruiting and hiring doesn’t have to cause problems. Learn more about the applicant tracking capabilities built into WorkforceHub, like automation of data tracking and reporting for valuable insights. We can help your business maintain compliance with fair hiring regulations.