The Ohio Senate passed House Bill 56 also known as “Ban the Box” legislation. This bill prohibits public employers from asking for information about an applicant’s felony convictions at the time the application is submitted to the public employer. There is an exception to this restriction that covers applications for positions which include statutory restrictions in terms of an applicant’s criminal history. These exceptions include positions in schools or those that work with elderly individuals or children. In addition, the bill makes a small change to Ohio revised code section 124.34. This change is actually a clarification that states an individual who is convicted of a felony while in the classified civil service will become an unclassified employee, however, that conviction must occur while the employee is employed and not prior to his or her employment date. The legislation does not prohibit public employers from asking an applicant about felony convictions later in the application process.
Please keep in mind that the EEOC does have some guidelines on how felony conviction should be considered by employers as well. These guidelines anticipate that, in most cases, an employer will not reject a candidate solely based on a prior felony conviction. Employers are expected to evaluate the applicant’s entire record, including the type of felony and when it occurred.
At this point, most public employers should review their applications to make sure they comply with this new law. The bill will go to Governor Kasich for approval and be effective 90 days after his signature.
Please click here to view the bill in its entirety.