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As Introduced
136th
General Assembly
Regular
Session
S. B. No. 143
2025-2026
Senators Craig, Blessing
To
enact section 4113.86 of the Revised Code
to
prohibit private employers from including on an employment
application any question concerning the criminal background of the
applicant.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
section 4113.86 of the Revised Code be enacted to read as follows:
Sec.
4113.86.
(A)
As used in this section, "employer" includes any person
employing five or more persons and any person acting as an agent of
an employer. "Employer" does not include a state agency or
political subdivision, as those terms are defined in section 9.73 of
the Revised Code.
(B)
No employer shall do any of the following:
(1)
Include on any initial application for employment any question that
seeks the disclosure of an applicant's criminal background;
(2)
Inquire into or consider the criminal background of the applicant,
including any inquiry about criminal background on any initial
employment application;
(3)
Consider, distribute, or disseminate information about either of the
following while conducting a criminal background check in connection
with any application for employment:
(a)
Arrest not followed by conviction;
(b)
Referral to or participation in a pre-trial diversion program under
section 2935.36 of the Revised Code or a similar diversion program
under rules of a court.
(4)
Interfere with, restrain, or deny the exercise of, or the attempt to
exercise, any right provided under this section.
(C)
This section shall not be construed to prevent an employer from
conducting a criminal background check not in conflict with division
(B) of this section.
(D)(1)
An employer that intends to deny an applicant a position of
employment because of the applicant's criminal background shall make
an individualized assessment of whether the applicant's criminal
background has a direct and adverse relationship with the specific
duties of the job that justify denying the applicant the position. In
making the assessment, the employer shall consider all of the
following:
(a)
The nature and gravity of the offense or conduct;
(b)
The time that has passed since the offense was committed or conduct
occurred and completion of the sentence;
(c)
The nature of the job held or sought.
(2)
An employer may commit the results of this individualized assessment
to writing.
(E)(1)
If the employer makes a preliminary decision that the applicant's
criminal background disqualifies the applicant from employment, the
employer shall notify the applicant of this preliminary decision in
writing. The employer may justify or explain the employer's reasoning
for making the preliminary decision. The employer shall include all
of the following:
(a)
A notice of the disqualifying conviction or convictions that are the
basis for the preliminary decision to rescind the offer;
(b)
A copy of the criminal background check, if any;
(c)
An explanation of the applicant's right to respond to the notice of
the employer's preliminary decision before that decision becomes
final and the deadline by which to respond.
(2)
The employer, in the explanation described in division (E)(1)(c) of
this section, shall inform the applicant that the applicant may
submit in the response evidence challenging the accuracy of the
criminal background check that is the basis for rescinding the offer,
evidence of rehabilitation or mitigating circumstances, or both.
(F)
The applicant shall have at least five days to respond to the notice
provided to the applicant under division (E) of this section before
the employer may make a final decision. Within that time period, the
applicant may notify the employer in writing that the applicant
disputes the accuracy of the criminal background check that was the
basis for the preliminary decision to rescind the offer. If, within
that time period, the applicant disputes the accuracy of the criminal
background check and is taking specific steps to obtain evidence
supporting that assertion, the applicant shall have five additional
days to respond to the notice.
(G)(1)
The employer shall consider information submitted by the applicant
pursuant to division (F) of this section before making a final
decision. If an employer makes a final decision to deny an
application because of the applicant's criminal background, the
employer shall notify the applicant in writing of all the following:
(a)
The final denial or disqualification;
(b)
Any procedure the employer has for the applicant to challenge the
decision or request reconsideration;
(c)
The right to file a complaint with the Ohio civil rights commission.
(2)
The employer may justify or explain the employer's reasoning for
making the final denial or disqualification described in division
(G)(1)(a) of this section.
(H)
This section does not apply to a position where an employer is
required by any federal, state, or local law to conduct criminal
background checks for employment purposes or to restrict employment
based on criminal background.
(I)
A violation of division (B) of this section is an unlawful
discriminatory practice in employment as described in division (A) of
section 4112.02 of the Revised Code. An applicant who is injured by
an alleged violation of division (B) of this section may file a
complaint with the Ohio civil rights commission in accordance with
section 4112.051 of the Revised Code.