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MRR Update: Ban The Box Legislation

Recently Governor Kasich signed HB 56 into law, making Ohio one of the many states to enact “ban the box” legislation. The new law prohibits public employers from including on employment applications any questions concerning the criminal background of the applicant. It applies to all public employers, even those whose ability to hire applicants with certain criminal backgrounds is restricted by other statutes. It does not affect private employers.

HB 56 enacts a new section of the Ohio Revised Code, Section 9.73. Under Section 9.73, form applications for public employment may no longer include any questions related to the criminal background of an applicant. Public employers must remove such questions from their applications for employment. However, public employers may include statements on applications notifying applicants of any laws that disqualify individuals with criminal histories from employment in particular positions. Public employers may also still inquire about an applicant’s criminal background later in the hiring process; the question just cannot be on the application itself.

In the wake of the new “ban the box” law, it is important for public employers to review their applications and hiring process to ensure compliance. If you are a public or private employer and have questions or concerns about your employment application forms and/or hiring processes, please contact MRR and we would be happy to review those with you.

 

MRR Ohio Legislation Updates: October 30, 2015 – November 12, 2015

Notes from the House of Representatives:

  • H.B. 389 was introduced to amend various sections of the Ohio Revised Code to enact the Ohio Fairness Act to prohibit discrimination on the basis of sexual orientation or gender identity or expression, to add mediation to the list of informal methods by which the Ohio Civil Rights Commission may use to induce compliance with Ohio’s Civil Rights Law before instituting a formal hearing, and to uphold existing religious exemptions under Ohio Civil Rights Law. (Introduced 11-5-15)

Notes from the Senate:

  • S.B. 234 was referred to the Committee on Education. S.B. 234 would require specified public and nonpublic school officials to search the Uniform Statewide Automated Child Welfare Information System within thirty days of a student’s enrollment and to notify the county public children services agency if specified information is found during that search. (Introduced 10-27-15; Referred to Committee 11-10-15)

For questions or more information on MRR’s Ohio Legislation Updates, contact:

Stacy V. Pollock  – MRR Columbus
Phone: 614.324.0163
Email: spollock@mrrlaw.com

Stacy Pollock 8860