The proposed bill, S.B. No. 2025-2026, seeks to enact section 4113.86 of the Revised Code, which prohibits private employers from inquiring about an applicant's criminal background on initial employment applications. The bill defines "employer" to include any person employing five or more individuals, excluding state agencies or political subdivisions. It outlines specific actions that employers are prohibited from taking, such as including questions about criminal history on applications, considering criminal backgrounds during the hiring process, and disseminating information about arrests not followed by convictions or participation in diversion programs.
Additionally, the bill establishes a process for employers who intend to deny employment based on an applicant's criminal background. Employers must conduct an individualized assessment considering the nature of the offense, the time elapsed since the offense, and the nature of the job. If a preliminary decision to deny employment is made, the employer must notify the applicant in writing, providing details about the disqualifying conviction and the applicant's right to respond. The bill also stipulates that violations of these provisions are considered unlawful discriminatory practices, allowing affected applicants to file complaints with the Ohio civil rights commission.