Ohio Employment Screening Overview
Ohio is moderately employer-friendly for background screening, with ban-the-box rules applying only to public employers and no statewide salary history ban or credit check restrictions for private employers.
Employers should note that medical marijuana users have limited workplace protections, and certain municipalities like Columbus, Cleveland, Cincinnati, and Toledo have local ordinances that may impose additional requirements—federal laws also still apply.
What's Permitted
- Public employers may ask about criminal history after initial application stage
- No statewide salary history ban; local bans exist in Columbus, Cleveland, Cincinnati, and Toledo
- Employers may enforce drug-free workplace policies including for medical marijuana users
- Nonresidential construction contractors, subcontractors, and labor brokers must use E-Verify (effective March 19, 2026)
- Credit checks permitted for employment with FCRA compliance
- Private employers may conduct background checks after conditional offer
What's Prohibited
- Asking about criminal history on initial applications for public employers statewide
- Inquiring about sealed or expunged records unless directly job-related
- Conducting employment credit checks without FCRA-compliant disclosure and consent
- Disciplining employees solely for valid medical marijuana registration
- Retaliating against employees for filing workers' compensation claims
Ban the Box Laws
Public Employers OnlyStatus Summary
Ohio’s ban-the-box (https://codes.ohio.gov/ohio-revised-code/section-9... covers only public employers; state agencies follow DAS Policy HR-29 (https://das.ohio.gov/employee-relations/policies/d... Private employers lack statewide requirements; some municipalities may impose local rules. EEOC Title VII guidance (https://www.eeoc.gov/laws/guidance/enforcement-gui... governs criminal-record use.
Key Requirements
Ohio Revised Code Section 9.73
State statute barring criminal‑history questions on public‑employer applications:
- Applies only to public employers.
- Prohibits criminal-history questions on applications.
- Allows notice of legal disqualifications.
- No specified civil penalties in statute.
- Enforced via Ohio Civil Rights Commission.
Sources: https://codes.ohio.gov/ohio-revised-code/section-9...
DAS Policy HR-29
State agency policy on timing and assessment of convictions:
- Delay inquiries until interview or later.
- Require individualized conviction assessments.
- Allow applicant explanation and rehabilitation evidence.
- Background‑check authorization required before checks.
- Disqualify only if law or job‑related.
Local municipal ordinances
Cities/counties may impose fair‑chance rules for private employers:
- Some cities/counties impose private‑employer rules.
- Requirements and thresholds vary by jurisdiction.
- Employers must check local laws.
- Noncompliance may trigger local enforcement.
Sources: https://dam.assets.ohio.gov/raw/upload/das.ohio.go... ; https://www.cincinnati-oh.gov/sites/dote/assets/Fi...
Federal: FCRA and Title VII
Federal rules that apply to all employers in Ohio:
- FCRA: written notice and consent required.
- FCRA: specific reporting limitations apply.
- Title VII: individualized disparate‑impact analysis required.
- EEOC guidance limits blanket exclusions.
Sources: https://www.eeoc.gov/laws/guidance/enforcement-gui... ; https://www.ohioattorneygeneral.gov/backgroundchec...
Ban the Box Best Practices for Ohio Employers
- Verify local ordinances before asking about criminal history.
- Delay criminal-history inquiries until interview or final candidate.
- Conduct individualized assessments of convictions' job-relatedness.
- Obtain written FCRA notice and consent before checks.
- Exclude sealed, expunged, or pardoned records from consideration.
Salary History Ban
Local Ordinances OnlyOhio Revised Code Chapter 4111
No statewide salary-history ban applies:
- No statewide salary-history ban
- Wage rules codified in Chapter 4111
- Municipal ordinances set local requirements
- Employers follow city-specific rules and dates
Sources: https://codes.ohio.gov/ohio-revised-code/chapter-4...
Columbus — Columbus City Code Chapter 2335
Local ordinance with pay-transparency requirement:
- Applies to employers with 15+ city employees
- Prohibits salary-history inquiries and use
- Requires salary range in all job postings
- Enforcement by Community Relations Commission
- Enforcement delayed until January 1, 2027
Source: Columbus City Code Chapter 2335 (cited in research; no direct URL provided)
Cleveland — Ordinance No. 104-2025 (Ch. 669)
Local ordinance with proactive posting mandate:
- Applies to employers with 15+ employees
- Prohibits compensation-history inquiries and screening
- Requires salary range in all job postings
- Enforced by Fair Employment and Wage Board
Source: https://www.clevelandohio.gov/city-hall/boards-com...
Cincinnati — Ordinance No. 83-2019
Earlier municipal salary-history prohibition:
- Applies to employers with 15+ employees
- Prohibits salary-history inquiries and use
- Enforcement via private civil lawsuits
- Effective March 12, 2020
Source: https://www.cincinnati-oh.gov/cityofcincinnati/equ...
Toledo — Toledo Municipal Code Chapter 768 (Pay Equity Act)
Pay-equity ordinance with upon-request disclosure:
- Applies to employers with 15+ employees
- Prohibits pay-history inquiries and screening
- Provide pay range upon conditional-offer request
- Enforcement via private civil actions (two-year window)
Source: Toledo Municipal Code Chapter 768 (cited in research; no direct URL provided)
Salary History Best Practices for Ohio Employers
- Recognize municipal patchwork; no Ohio statewide salary-history ban
- Do not inquire about applicants' current or prior compensation
- Avoid basing hiring or pay decisions on salary history
- Include salary ranges where local ordinances require disclosure
- Update forms, train staff, and review third-party recruiter agreements
Consumer Credit Checks
NoOhio: no state law restricting employer credit checks; FCRA governs disclosures/consent, adverse‑action, seven‑year rule (75,000‑salary exception). Public‑employer ban‑the‑box limits criminal‑history inquiries only.
https://www.ftc.gov/system/files/ftc_gov/pdf/fcra-... https://codes.state.oh.us/ohio-revised-code/chapte... https://search-prod.lis.state.oh.us/api/v2/general... https://codes.ohio.gov/ohio-administrative-code/ru...
Key Requirements
Fair Credit Reporting Act
Federal law governing third‑party consumer reports:
- Employers must provide standalone disclosure.
- Obtain written authorization before check.
- Pre‑adverse notice with report copy.
- Final adverse notice with CRA contact.
- Seven‑year lookback limits certain records.
Source: https://www.ftc.gov/system/files/ftc_gov/pdf/fcra-...
Title VII (Civil Rights Act of 1964)
Federal anti‑discrimination law limiting credit use:
- Prohibits discrimination based on protected traits.
- Disparate‑impact claims possible from credit policies.
- Employer must show job‑relatedness and necessity.
- No blanket exclusions; individualized evaluation required.
- Enforced by EEOC through investigations/remedies.
Source: https://codes.state.oh.us/ohio-revised-code/chapte...
Ohio Revised Code Chapter 4112 (Ohio Civil Rights Act)
State law constraining employment practices:
- Prohibits discrimination on many protected classes.
- Facial‑neutral policies may cause disparate impact.
- Applies to public and private employers.
- Employers must justify credit policies' necessity.
- File complaints with Ohio Civil Rights Commission.
Source: https://codes.state.oh.us/ohio-revised-code/chapte...
HB 56 (Ban‑the‑Box for Public Employers)
Ohio restriction on initial criminal-history inquiries:
- Public employers delay felony questions initially.
- Applies to public employers only.
- Exceptions for statutorily restricted positions.
- Effective March 2016 (signed 2015).
- Does not regulate credit checks.
Source: https://search-prod.lis.state.oh.us/api/v2/general...
Cleveland Fair Hiring Law
Local ordinance promoting fair‑chance hiring practices:
- Prohibits early criminal‑history inquiries.
- Requires individualized criminal‑history assessment.
- Covers employers with ten or more employees.
- Does not explicitly regulate credit checks.
- Encourages fair assessment of background information.
Source: https://ohio.gov/business/resources/background-che...
Credit Check Best Practices for Ohio Employers
- Obtain standalone FCRA disclosure and written authorization.
- Limit credit checks to job-related fiduciary or financial positions.
- Provide pre-adverse notice, report copy, and rights summary.
- Allow at least five days to dispute or explain.
- Avoid blanket exclusions; conduct individualized, documented assessments.
Marijuana Protection
Medicinal Marijuana
Ohio’s medical marijuana law does not require employers to accommodate use, possession, or impairment at work; employers may enforce drug-free/zero-tolerance policies and take adverse action without violating ORC 4112.02 (ORC 3796.28).
Recreational Marijuana
Ohio law generally allows employers to maintain drug-free/zero-tolerance policies and conduct drug testing, provided policies are applied consistently and without unlawful discrimination under ORC 4112.02. No recreational-use workplace accommodation requirement is stated here.
Drug Testing Regulations
Ohio permits employer drug testing (ORC 4112; OAC 123:1‑76), allows enforcement despite medical marijuana authorization (ORC 3796.28), requires MRO review/confirmatory testing; workers’ comp rebuttable presumption needs notice and 8/32‑hour testing windows. ORC 3796.28 amends 3/20/2026.
Permitted Testing Types
Pre-Employment
Allowed with conditional offer and notice; safety-sensitive mandatory
Random Testing
Allowed for designated safety-sensitive positions and state construction projects
Reasonable Suspicion
Allowed based on specific, documented objective facts; follow procedures
Post Accident
Allowed; rebuttable-presumption requires posted notice and 8-hour alcohol/32-hour drug testing
Workers' Compensation Discount
Ohio BWC Drug‑Free Safety Program offers premium bonuses (workers' compensation discounts) for participating employers and contractors.
Eligibility requires approved DFSP level (Basic, Advanced, or comparable) and compliance with testing and program requirements.
Best Practices
- Post clear written drug-testing policy and employee notice.
- Use certified labs, confirmatory testing, and MRO review.
- Treat results confidentially; maintain chain-of-custody records.
- Follow medical marijuana rules; employers may prohibit workplace use.
- Comply with DOT rules and workers' comp testing timeframes.
Clean Slate Laws
NoOhio lacks an automatic Clean Slate law; record relief remains petition‑based under ORC Chapter 2953. HB 460 (135th GA) was not enacted; a new version exists in the 136th General Assembly. https://codes.ohio.gov/ohio-revised-code/chapter-2...
E-Verify Requirements
Mandatory for Some Public ContractorsWho Must Use E-Verify
Private Employers [Federal IRCA / Form I‑9]
Ohio does not impose a statewide E-Verify requirement on general private employers; federal I-9 obligations still apply and local ordinances may differ.
Sources: https://www.legislature.ohio.gov/legislation/136/h... https://dam.assets.ohio.gov/image/upload/ood.ohio....
Federal Contractors [Federal E-Verify / federal procurement rules]
HB 246 does not create new, statewide E-Verify obligations specific to federal contractors; federal procurement rules and the federal E-Verify program govern federal contractor requirements.
Sources: https://www.legislature.ohio.gov/legislation/136/h... https://house.ohio.gov/news/republican/house-commi...
Any other relevant groups [E-Verify Workforce Integrity Act (HB 246, 136th GA)]
Nonresidential construction contractors, subcontractors (all tiers), and labor brokers must use E-Verify for hires; the law includes enforcement, penalties, and potential debarment.
Sources: https://www.legislature.ohio.gov/legislation/136/h... https://www.legislature.ohio.gov/download?key=2338...
Background Check Regulations
Federal FCRA governs consumer‑report background checks, and Ohio law adds state requirements—e.g., public‑employer “ban‑the‑box” and limits on sealed/juvenile/expunged records—so employers must follow both federal rules and applicable Ohio statutes.
FCRA Compliance Process
Disclosure & Authorization
Provide clear, standalone written disclosure that a background check will be conducted. Obtain separate written authorization from the applicant before ordering the report.
Obtain Background Report
Order the background check from a Consumer Reporting Agency (CRA). Ensure the CRA is FCRA-compliant and provides accurate, up-to-date information.
Pre-Adverse Action Notice
If considering denying employment based on the report, provide the applicant with:
- Copy of the background report
- Copy of "A Summary of Your Rights Under the FCRA"
- Reasonable time to respond (typically 5 business days)
Adverse Action Notice
If final decision is made to deny employment, provide written notice including:
- Name, address, and phone number of the CRA
- Statement that the CRA did not make the decision
- Notice of right to dispute report accuracy
- Notice of right to request additional free copy within 60 days