Regards use of automated employment decision tools

As Introduced

136th
General Assembly

Regular
Session
H. B. No. 828

2025-2026

Representatives Mohamed, Sims

Cosponsors: Representatives Brennan,
Piccolantonio, Russo, Synenberg, White, E.

To
enact section 4113.90 of the Revised Code
regarding
the use of automated employment decision tools.

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That
section 4113.90 of the Revised Code be enacted to read as follows:

Sec.
4113.90.
(A)
As used in this section:

(1)
"Automated employment decision tool" means any
computational process to which both of the following apply:

(a)
The process is derived from machine learning, statistical modeling,
data analytics, or artificial intelligence.

(b)
The result of the process is a simplified output, including a score,
classification, or recommendation, that is used to automate, support,
substantially assist, or replace discretionary decision making in an
employment determination affecting an individual.

(2)
"Employment determination" means a decision about a
worker's or prospective worker's suitability for hiring, employment,
promotion, retention, or disciplinary action, including dismissal or
nonrenewal of a contract.

(3)
"Worker" means an individual who provides services for an
employer as an employee or an independent contractor.

(B)
No employer, employment agency, or personnel placement service shall
rely solely on an automated employment decision tool when making an
employment determination. An employer, employment agency, or
personnel placement service may use an automated employment decision
tool as part of an employment determination provided the automated
employment decision tool's output is reviewed for accuracy by a human
reviewer.

(C)
Any employer, employment agency, or personnel placement service that
uses an automated employment decision tool in accordance with
division (B) of this section shall notify a worker or prospective
worker in writing of all the following:

(1)
That an automated employment decision tool will be used in connection
with an employment determination affecting the worker or prospective
worker;

(2)
The qualifications and characteristics the automated employment
decision tool will apply when it is used in connection with an
employment determination;

(3)
The type of data collected for input into the automated employment
decision tool and the source of the data;

(4)
The employer's, agency's, or service's policy governing the retention
of data collected for input into the automated employment decision
tool.

(D)
An employer, employment agency, or personnel placement service shall
provide the notice required under division (C) of this section to a
worker or prospective worker not less than ten days before using an
automated employment decision tool in connection with an employment
determination affecting the worker or prospective worker. The
employer, agency, or service shall allow a worker or prospective
worker to request an alternative assessment or evaluation that does
not involve the use of an automated employment decision tool. An
employer, agency, or service that receives a request from a worker or
prospective worker shall make the employment determination using the
alternative assessment or evaluation.