Ohio — Hiring & Onboarding

Ohio requires nonresidential construction contractors, subcontractors, and labor brokers to verify the employment eligibility of each employee hired to perform work on a nonresidential construction project through the federal E-Verify program. The requirement took effect March 19, 2026. A limited exception applies if the employer has previously verified an employee through E-Verify and federal law does not require reverification. Employers must retain verification records for three years after the date of hire or one year after the date of termination, whichever is later. The mandate does not apply to residential construction, industrialized units, manufactured homes, or mobile homes.

Source: Ohio Rev. Code § 4151.02

Ohio prohibits public employers from including any question concerning the criminal background of an applicant on employment application forms. The restriction took effect March 23, 2016, under the Ohio Fair Hiring Act (codified at Ohio Rev. Code § 9.73) and applies to state agencies and political subdivisions, including counties, townships, municipal corporations, and school districts.

Scope of the restriction. The statute bars public employers from asking about an applicant's criminal history on the initial written application form. Public employers remain free to inquire about criminal background later in the hiring process—during interviews or after selecting candidates—and may consider criminal history when making final employment decisions. The law does not create a blanket prohibition on the use of criminal records; it delays the inquiry beyond the application stage to allow candidates to be evaluated first on their qualifications.

Permitted disclosures on applications. Ohio Rev. Code § 9.73(C) permits a public employer to include on an application form a general statement notifying applicants of any state or federal law that disqualifies individuals with particular criminal convictions from specific positions. For example, schools may note statutory bars that prohibit hiring individuals with certain convictions for positions involving contact with minors. This exception allows compliance with mandatory disqualification statutes while preserving the ban-the-box framework for other roles.

Classified civil-service employees. The Fair Hiring Act also amended Ohio's civil service law to prohibit public employers from using a felony conviction against a current classified officer or employee unless the conviction occurs while the individual is employed in the civil service. If a classified officer or employee is convicted of a felony during employment, the public employer may remove the individual from the position. This provision protects incumbents from adverse actions based on pre-employment convictions but does not shield employees from discipline for convictions occurring during their tenure.

Private employers. The Ohio ban-the-box law does not extend to private employers. Private employers in Ohio may include criminal-history questions on initial job applications, subject only to federal anti-discrimination principles and any applicable local ordinances. Several Ohio municipalities—including Akron, Cincinnati, Cleveland, Columbus, Dayton, and Toledo—have enacted local ban-the-box ordinances that apply to private employers doing business within those jurisdictions or contracting with the municipality. Employers with operations in multiple Ohio localities should consult the relevant city or county ordinances to determine whether additional restrictions apply.

Source: Ohio Rev. Code § 9.73