By Jonathan J. Downes*
Beginning on June 1, 2015, Ohio will no longer ask “Have you ever been convicted of a felony?” on civil service applications for any state government position. The Ohio Department of Administrative Services will voluntarily remove this question from the application for thousands of state government positions, including highway workers and prison guards. Instead, job applicants for Ohio civil service positions will not have to disclose past crimes until the interview stage.
In making this change, Ohio voluntarily joined the “Ban the Box” movement. Generally, the “Box” refers to a square that, when checked, indicates an individual has a criminal background. Proponents argue such inquiries often automatically disqualify applicants that check the box and increase chances of recidivism. For employers, “Ban the Box” laws pose an increased burden on the job application and screening process.
This is the first time that Ohio has adopted “Ban the Box” practices on a statewide level. However, the state was not the first Ohio public employer to implement “Ban the Box” practices nor may this change be the last. In February 2015, Ohio legislators introduced House Bill 56 which would prohibit any Ohio state agency or political subdivision of Ohio from inquiring into or considering criminal backgrounds until the employer has selected an applicant for the position. The proposed bill applies to counties, townships, and municipal corporations, but has not moved past the House Commerce and Labor Committee. Lucas and Stark Counties and Cleveland, Cincinnati, and Canton already have “Ban the Box” measures in place. These measures currently only apply to public sector employers. However, the Equal Employment Opportunity Commission recommended banning the box on job applications as a best practice in its 2012 enforcement guidance.
Employers need to understand what, if any, “Ban the Box” restrictions apply to them and should follow further “Ban the Box” developments.
*Jonathan J. Downes, an OSBA Certified Specialist in Labor and Employment Law, has extensive experience advising public entities and employers. If you have questions about state or local “Ban the Box” laws and regulations or other hiring concerns, please contact Jonathan Downes | jjd@zrlaw.com | 216.696.4441
