Ban the Box Laws in Ohio: Criminal History in Hiring

The Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq., is the primary federal law governing background checks and criminal history inquiries. The FCRA requires employers to: (1) obtain written consent from the applicant or employee before procuring a consumer report (which includes criminal background checks), (2) provide a copy of the report and a summary of rights before taking adverse action, and (3) notify the individual if a background check will be used in the hiring decision. The EEOC enforces Title VII standards regarding criminal history inquiries under the guidance that employers must show a legitimate business connection to the offense and position, with consideration of factors including the nature and gravity of the offense, time elapsed, and job relatedness.

Federal contractors subject to Executive Order 11246 and those contracting with the federal government face additional restrictions. The FCRA does not explicitly prohibit pre-offer criminal history inquiries, but the EEOC has stated that employers should avoid inquiries that disproportionately screen out protected classes. Remedies under the FCRA include statutory damages up to $1,000 per violation, actual damages, attorney fees, and costs. The Federal Trade Commission (FTC) enforces FCRA compliance for background screening companies.

Ohio does not have a comprehensive statewide ban the box law limiting when private employers may ask about criminal history during the hiring process. Therefore, private employers in Ohio are not statutorily restricted from inquiring about criminal records at any stage of hiring, application, or interview, provided they comply with federal FCRA requirements and do not use such inquiries in a discriminatory manner. However, Ohio Revised Code § 2953.32 allows individuals to seek record sealing and expungement of criminal convictions, meaning an employer's background check may not reveal sealed or expunged records.

Crucially, several Ohio municipalities have enacted local ban the box ordinances that impose stricter requirements than state law. The City of Columbus, for example, prohibits covered employers from inquiring about criminal history until after a conditional job offer has been made. The City of Cleveland has similar restrictions. These local ordinances typically apply to employers with 10 or more employees within the city limits and government contractors. Employers must comply with the strictest applicable standard: if operating in Columbus or Cleveland, they must follow the local ordinance even though no statewide ban exists.

Ohio law does not create a state-specific protected class for individuals with criminal histories, but employers cannot use conviction history as a pretext for discrimination based on race, color, religion, sex, national origin, disability, or age. The EEOC has indicated that blanket exclusions of individuals with any criminal history may constitute illegal discrimination if they have a disparate impact on protected groups. Ohio employers must assess business necessity and job relatedness when considering conviction history in hiring decisions.

Ohio law provides multiple exceptions and defenses to criminal history discrimination claims. First, employers are generally permitted to conduct background checks and inquire about criminal history without legal restriction at the state level, as Ohio has no statewide ban the box law. Second, even in cities with ban the box ordinances, employers may still conduct background checks after making a conditional job offer; the restriction applies only to timing, not to the inquiry itself. Third, employers have a legitimate business reason exception: if an employer can demonstrate that a conviction is directly related to the essential functions of the job and that hiring the individual would create an unreasonable risk, the employer may legally exclude the applicant. For example, positions handling children, vulnerable adults, or managing finances may justify conviction-based exclusions.

Fourth, employers are not required to hire individuals with disqualifying convictions under applicable licensing or regulatory requirements. Certain professional licenses and certifications explicitly require criminal history checks and may disqualify individuals with specific convictions (e.g., nursing licenses, driving commercial vehicles). Fifth, the FCRA provides a safe harbor for background screening companies when acting on an employer's instructions; liability typically falls on the employer rather than the screening firm. Sixth, sealed or expunged records under Ohio Revised Code § 2953.32 do not appear on background checks, so employers cannot consider information they do not receive. Seventh, employers operating under federal contractor status (Executive Order 11246) have additional flexibility in addressing criminal history in certain contexts but must still comply with Title VII non-discrimination standards.

Step 1 — Document Everything: Keep detailed records of all communications related to your hiring rejection, including job postings, application materials, interview notes, any background check reports, and written or email communications from the employer. If you were rejected after a conditional job offer was made in violation of a local ban the box ordinance, document the timeline of when the offer was made and when the criminal history inquiry occurred. Photograph or screenshot any online job postings that ask about criminal history before the conditional offer stage if you applied in a covered jurisdiction like Columbus or Cleveland. Preserve any communications indicating discriminatory intent or improper timing.

Step 2 — Internal Complaint Process: Before filing with an external agency, send a written inquiry to the employer's Human Resources department requesting the reason for rejection and whether a criminal history inquiry was made. Under the FCRA, if a background check was used in the decision, the employer must provide you with a copy of the report and a summary of your rights before or contemporaneously with the rejection. If the employer cannot produce evidence of written consent to the background check, this is a federal FCRA violation. Request written explanation of any decision based on criminal history; ask whether the employer evaluated business necessity and job relatedness. Document whether the employer responds and what they say.

Step 3 — File with the Appropriate Agency: If you applied in a jurisdiction with a ban the box ordinance (Columbus, Cleveland, or others), file a complaint with that city's Civil Rights office or equivalent agency. The City of Columbus Office of Diversity and Inclusion handles employment discrimination complaints; contact them at (614) 645-7670 or visit columbus.gov. The City of Cleveland Civil Rights Enforcement Office handles Cleveland complaints at (216) 664-2482 or cle.gov. If the violation involves federal FCRA non-compliance (failure to obtain consent before background check), file a complaint with the Consumer Financial Protection Bureau at consumerfinance.gov or submit a complaint to the FTC at reportfraud.ftc.gov. If you believe the employer discriminated based on race, color, national origin, sex, religion, age, or disability in connection with the criminal history decision, file with the Ohio Civil Rights Commission (OCRC) at (614) 466-2785 or www.crc.ohio.gov within 180 days of the rejection. You may also file with the EEOC; the deadline is 180 days in Ohio (non-deferral state) at eeoc.gov or by contacting the Cleveland EEOC office at (216) 522-3000.

Step 4 — Investigation Process: Once a complaint is filed, the agency (OCRC, city civil rights office, or EEOC) will typically send a right-to-sue letter or issue notice to the employer. The employer will be asked to respond to the allegations, provide copies of job descriptions, hiring criteria, and the background check if one was conducted. The investigation usually takes 60–180 days depending on complexity and agency caseload. You may be interviewed by an investigator; be prepared to explain your criminal history (if relevant), how you learned of the job, when you applied, when you were rejected, and whether you believe the employer violated the law. Investigators will review the employer's hiring records, background check authorization forms, and any communications about timing of criminal history inquiries. If the agency finds probable cause of violation, they may attempt conciliation; if that fails, the case may proceed to litigation or administrative hearing.

Step 5 — When to Consult an Attorney: Contact an employment law attorney immediately if: (1) you were rejected after a conditional job offer in violation of a local ban the box ordinance, (2) the employer conducted a background check without your written consent, (3) you believe the criminal history decision was a pretext for discrimination based on a protected class, or (4) the job was with a federal contractor or government employer. An employment attorney can review the FCRA compliance, evaluate whether business necessity was properly demonstrated, and identify discriminatory patterns. Many employment attorneys work on contingency or offer free initial consultations. Legal remedies may include compensatory damages (lost wages, emotional distress), punitive damages if conduct was willful, attorney fees, costs, and attorney fees under the FCRA.