Arrest Record Discrimination Laws in Ohio

Federal law does not explicitly prohibit discrimination based on arrest records, but the Equal Employment Opportunity Commission (EEOC) enforces Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e) to challenge arrest record policies that have a disparate impact on protected classes. The EEOC's 2012 Guidance on Arrest and Conviction Records clarifies that employers cannot categorically exclude applicants based on arrests, as arrest records are inherently unreliable—they do not prove guilt or future misconduct.

Under federal law, employers with 15 or more employees may consider convictions (not arrests) only if the consideration is job-related and consistent with business necessity. The EEOC applies a three-part test: (1) the nature and gravity of the offense; (2) the time elapsed since the conviction; and (3) the nature of the job sought. Remedies under Title VII include back pay, front pay, compensatory damages, and attorney's fees. The EEOC enforces these standards through investigation and, if necessary, litigation or administrative proceedings.

Ohio Revised Code section 4112.02 prohibits employment discrimination based on race, color, religion, sex, national origin, disability, age (40 or older), ancestry, and genetic information. The statute does not explicitly mention arrest records as a protected category. However, the Ohio Civil Rights Commission (OCRC) has authority to interpret this statute broadly and has addressed arrest record discrimination in contexts where arrests are disproportionately applied to protected groups.

Ohio employers with four or more employees are covered under state law, whereas federal Title VII covers employers with 15 or more. This means Ohio provides slightly broader coverage for smaller employers. Ohio law does not bar employers from considering convictions; rather, the focus is whether the policy is applied in a non-discriminatory manner and whether the conviction is reasonably related to the job.

Uniquely, Ohio Revised Code section 2953.32 allows individuals to expunge or seal certain arrest and conviction records. Once a record is sealed, an applicant may legally answer "no" to questions about arrests or convictions, and employers cannot consider sealed records in hiring decisions. This is a stronger protection than federal law alone provides, as it gives individuals a mechanism to remove arrest and conviction history from consideration after a certain period.

Remedies under Ohio law include reinstatement, back pay, front pay, compensatory damages (including emotional distress), and attorney's fees. The OCRC can issue cease-and-desist orders and affirmative relief orders requiring employers to take corrective action.

Ohio law recognizes several important exceptions and limitations to arrest record protections. First, employers may lawfully consider convictions (not arrests) if the conviction is directly related to the essential functions of the job or poses a legitimate, documented safety risk. For example, a conviction for embezzlement can be considered for a cashier position; a violent conviction may be relevant for a position with direct access to vulnerable populations.

Second, certain occupational licenses and bonding requirements may lawfully exclude individuals with specific convictions. For instance, Ohio requires criminal background clearance for positions in childcare, elder care, and certain healthcare roles. These statutory requirements override general anti-discrimination principles.

Third, the at-will employment doctrine applies in Ohio. Absent a written contract, an employer can terminate an employee for any non-discriminatory reason or no reason at all. If the termination is based on a conviction (not an arrest) that is genuinely job-related, the termination is lawful.

Fourth, employers in industries regulated by federal law (such as banking, transportation, and certain government contracting) may be required to exclude individuals with certain criminal convictions regardless of state law. These federal requirements preempt Ohio law.

Fifth, sealed records are treated as though they do not exist; employers cannot consider them, and applicants can legally deny their existence. However, this applies only to sealed records, not arrests that remain on public record.

Step 1: Document the Discrimination. Keep detailed records of all job application materials, communications with the employer (emails, letters, interview notes), job postings, and any statements by the employer regarding your arrest record or reasons for rejection. Document the date you applied, the date of any interview, the date of rejection, and any written rejection letter. If an employer verbally stated that your arrest record was a factor, write down the date, time, who said it, and what was said as soon as possible. Preserve all evidence, including screenshots of job postings and communications.

Step 2: Internal Complaint Process (Optional but Recommended). Send a formal written complaint to the employer's human resources department, detailing the discriminatory conduct and requesting a response within 10 business days. This creates a paper trail and may prompt internal investigation or reconsideration. However, this step is not required to file with the OCRC. Keep a copy of your complaint and any employer response.

Step 3: File with the Ohio Civil Rights Commission. Visit the OCRC website at http://crc.ohio.gov or contact the agency by phone at (614) 466-2785 or toll-free at (888) 369-4329. File a written charge of discrimination within 180 days of the discriminatory act (this is a strict deadline). Provide: (1) your name, address, and phone number; (2) the employer's name, address, and phone number; (3) a detailed description of the discriminatory conduct, including dates and specific statements made; (4) the name of any witnesses; (5) copies of relevant documents (job posting, application, rejection letter, correspondence); and (6) what relief you are seeking (job offer, back pay, damages). File by mail, email, or in person at the OCRC office in Columbus, Ohio.

Step 4: Investigation and Resolution. The OCRC will acknowledge receipt of your charge and assign an investigator. The investigator will contact both you and the employer to gather facts. This process typically takes 60 to 90 days, though complex cases may take longer. The employer will be asked to respond to the allegations in writing and provide evidence of legitimate, non-discriminatory reasons for the employment decision. You may be asked to provide additional documentation or clarification. The investigator may conduct interviews with witnesses or third parties. At the conclusion of investigation, the OCRC will issue a determination: either probable cause (meaning discrimination likely occurred) or no probable cause. If probable cause is found, the OCRC will attempt conciliation. If conciliation fails, the case may be referred to the Civil Rights Commission for a hearing before an administrative judge.

Step 5: Consult an Employment Attorney. If the OCRC finds no probable cause or if settlement negotiations stall, consult an Ohio employment law attorney. A qualified attorney can file a civil action in Ohio state court (if the OCRC case is dismissed) or pursue federal court action under Title VII or 42 U.S.C. § 1983 if federal rights are implicated. An attorney can also represent you at the OCRC administrative hearing and help negotiate settlements. Many employment attorneys work on contingency (no upfront fees) if the case has strong merit.