SB 143: Prohibit employment application question re: criminal background

As Introduced

6th General Assembly Regular Session 2025-2026

S. B. No. 143

Senators Craig, Blessing

To enact section 4113.86 of the Revised Code to 1
prohibit private employers from including on an 2
employment application any question concerning 3
the criminal background of the applicant. 4

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 4113.86 of the Revised Code be 5
enacted to read as follows: 6
Sec. 4113.86. (A) As used in this section, "employer" 7
includes any person employing five or more persons and any 8
person acting as an agent of an employer. "Employer" does not 9
include a state agency or political subdivision, as those terms 10
are defined in section 9.73 of the Revised Code. 11

(B) No employer shall do any of the following: 12

(1) Include on any initial application for employment any 13
question that seeks the disclosure of an applicant's criminal 14
background; 15
(2) Inquire into or consider the criminal background of 16
the applicant, including any inquiry about criminal background 17
on any initial employment application; 18

(3) Consider, distribute, or disseminate information about

S. B. No. 143 As Introduced

either of the following while conducting a criminal background 20
check in connection with any application for employment: 21
(a) Arrest not followed by conviction; 22
(b) Referral to or participation in a pre-trial diversion 23
program under section 2935.36 of the Revised Code or a similar 24
diversion program under rules of a court. 25
(4) Interfere with, restrain, or deny the exercise of, or 26
the attempt to exercise, any right provided under this section. 27
(C) This section shall not be construed to prevent an 28
employer from conducting a criminal background check not in 29
conflict with division (B) of this section. 30
(D)(1) An employer that intends to deny an applicant a 31
position of employment because of the applicant's criminal 32
background shall make an individualized assessment of whether 33
the applicant's criminal background has a direct and adverse 34
relationship with the specific duties of the job that justify 35
denying the applicant the position. In making the assessment, 36
the employer shall consider all of the following: 37
(a) The nature and gravity of the offense or conduct; 38
(b) The time that has passed since the offense was 39
committed or conduct occurred and completion of the sentence; 40
(c) The nature of the job held or sought. 41
(2) An employer may commit the results of this 42
individualized assessment to writing. 43
(E)(1) If the employer makes a preliminary decision that 44
the applicant's criminal background disqualifies the applicant 45
from employment, the employer shall notify the applicant of this 46
S. B. No. 143 Page 3
As Introduced
preliminary decision in writing. The employer may justify or 47
explain the employer's reasoning for making the preliminary 48
decision. The employer shall include all of the following: 49
(a) A notice of the disqualifying conviction or 50
convictions that are the basis for the preliminary decision to 51
rescind the offer; 52
(b) A copy of the criminal background check, if any; 53
(c) An explanation of the applicant's right to respond to 54
the notice of the employer's preliminary decision before that 55
decision becomes final and the deadline by which to respond. 56
(2) The employer, in the explanation described in division 57
(E)(1)(c) of this section, shall inform the applicant that the 58
applicant may submit in the response evidence challenging the 59
accuracy of the criminal background check that is the basis for 60
rescinding the offer, evidence of rehabilitation or mitigating 61
circumstances, or both. 62
(F) The applicant shall have at least five days to respond 63
to the notice provided to the applicant under division (E) of 64
this section before the employer may make a final decision. 65
Within that time period, the applicant may notify the employer 66
in writing that the applicant disputes the accuracy of the 67
criminal background check that was the basis for the preliminary 68
decision to rescind the offer. If, within that time period, the 69
applicant disputes the accuracy of the criminal background check 70
and is taking specific steps to obtain evidence supporting that 71
assertion, the applicant shall have five additional days to 72
respond to the notice. 73
(G)(1) The employer shall consider information submitted 74
by the applicant pursuant to division (F) of this section before 75

S. B. No. 143 As Introduced

making a final decision. If an employer makes a final decision 76
to deny an application because of the applicant's criminal 77
background, the employer shall notify the applicant in writing 78
of all the following: 79
(a) The final denial or disqualification; 80
(b) Any procedure the employer has for the applicant to 81
challenge the decision or request reconsideration; 82
(c) The right to file a complaint with the Ohio civil 83
rights commission. 84
(2) The employer may justify or explain the employer's 85
reasoning for making the final denial or disqualification 86
described in division (G)(1)(a) of this section. 87
(H) This section does not apply to a position where an 88
employer is required by any federal, state, or local law to 89
conduct criminal background checks for employment purposes or to 90
restrict employment based on criminal background. 91
(I) A violation of division (B) of this section is an 92
unlawful discriminatory practice in employment as described in 93
division (A) of section 4112.02 of the Revised Code. An 94
applicant who is injured by an alleged violation of division (B) 95
of this section may file a complaint with the Ohio civil rights 96
commission in accordance with section 4112.051 of the Revised 97
Code. 98