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.
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.
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.
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.
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.
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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