HB 828: Regards use of automated employment decision tools
<section> <p>The bill introduces section 4113.90 in Ohio's revised code to regulate the use of automated employment decision tools by employers and personnel services.</p> <p>It defines an "automated employment decision tool" as a computational process using machine learning, statistical modeling, data analytics, or artificial intelligence that produces simplified outputs like scores or classifications for employment decisions. Employment determinations include hiring, promotion, retention, and disciplinary actions affecting workers or prospective workers.</p> <p>The bill prohibits employers from relying solely on these tools in making employment decisions unless a human reviews the tool's output for accuracy. Employers must notify workers or applicants at least ten days before using such tools, detailing how the tool will be used, the data collected, and their policy on retaining this…
| May. 13, 2026 | Referred to committee: Commerce and Labor |
| Apr. 21, 2026 | Introduced |
H. B. No. 828
As Introduced
136th General Assembly
Regular Session
2025-2026
Representatives Mohamed, Sims
Cosponsors: Representatives Brennan, Piccolantonio, Russo, Synenberg, White, E.
To enact section 4113.90 of the Revised Code
regarding the use of automated employment
decision tools.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4113.90 of the Revised Code be
enacted to read as follows:
Sec. 4113.90.
(A) As used in this section:
(1) "Automated employment decision tool" means any
computational process to which both of the following apply:
(a) The process is derived from machine learning,
statistical modeling, data analytics, or artificial
intelligence.
(b) The result of the process is a simplified output,
including a score, classification, or recommendation, that is
used to automate, support, substantially assist, or replace
discretionary decision making in an employment determination
affecting an individual.
(2) "Employment determination" means a decision about a
worker's or prospective worker's suitability for hiring,
employment, promotion, retention, or disciplinary action,
including dismissal or nonrenewal of a contract.
(3) "Worker" means an individual who provides services for
an employer as an employee or an independent contractor.
(B) No employer, employment agency, or personnel placement
service shall rely solely on an automated employment decision
tool when making an employment determination. An employer,
employment agency, or personnel placement service may use an
automated employment decision tool as part of an employment
determination provided the automated employment decision tool's
output is reviewed for accuracy by a human reviewer.
(C) Any employer, employment agency, or personnel
placement service that uses an automated employment decision
tool in accordance with division (B) of this section shall
notify a worker or prospective worker in writing of all the
following:
(1) That an automated employment decision tool will be
used in connection with an employment determination affecting
the worker or prospective worker;
(2) The qualifications and characteristics the automated
employment decision tool will apply when it is used in
connection with an employment determination;
(3) The type of data collected for input into the
automated employment decision tool and the source of the data;
(4) The employer's, agency's, or service's policy
governing the retention of data collected for input into the
automated employment decision tool.
(D) An employer, employment agency, or personnel placement
service shall provide the notice required under division (C) of
this section to a worker or prospective worker not less than ten
days before using an automated employment decision tool in
connection with an employment determination affecting the worker
or prospective worker. The employer, agency, or service shall
allow a worker or prospective worker to request an alternative
assessment or evaluation that does not involve the use of an
automated employment decision tool. An employer, agency, or
service that receives a request from a worker or prospective
worker shall make the employment determination using the
alternative assessment or evaluation.