E-Verify Requirements in Ohio: Employer Obligations

Federal law requires all U.S. employers to verify employment eligibility through the Form I-9 process under the Immigration Reform and Control Act (IRCA), 8 U.S.C. § 1324a. E-Verify is the federal electronic system administered by the Department of Homeland Security (DHS) and Social Security Administration (SSA) that employers can use to confirm that employees are authorized to work in the United States.

Federal contractors and subcontractors with contracts of $3,500 or more are explicitly required to use E-Verify under 41 U.S.C. § 4712 (the Federal Acquisition Regulation). All federal agencies must use E-Verify for all new hires. The EEOC enforces anti-discrimination provisions, ensuring that E-Verify is used consistently and without discrimination based on national origin or citizenship status.

Federal law prohibits employers from using E-Verify selectively or in ways that discriminate against employees based on national origin, accent, name, or immigration status. Violations of federal contractor E-Verify requirements can result in contract termination, debarment from federal contracts for up to three years, and civil penalties. However, federal law does not criminalize private employers who choose not to use E-Verify—only the Form I-9 verification is universally mandatory.

Ohio state law addresses E-Verify through Ohio Revised Code § 4113.52, which mandates that all public employers in Ohio must use E-Verify to verify the employment eligibility of new hires. This applies to state agencies, local government employers, school districts, and other public sector employers. Public employers must complete E-Verify verification within 3 business days of employment and must retain records of verification.

Unlike federal law, which imposes E-Verify requirements on federal contractors, Ohio state law does not require private employers to use E-Verify. Private employers in Ohio remain subject only to the federal Form I-9 verification requirement under IRCA. Ohio has not enacted broader E-Verify mandates that would apply to private sector employers generally, making Ohio less restrictive than some states that have implemented state-level E-Verify requirements for all employers or specific industries.

Ohio's public employer requirement is stricter for government agencies than the federal baseline applies to them, as it creates an affirmative state mandate. However, private employers in Ohio enjoy more flexibility than they would in E-Verify-mandatory states such as Arizona or Georgia, where state law requires broader employment verification for private companies. Ohio contractors seeking federal work must still comply with 41 U.S.C. § 4712 if the contract value exceeds $3,500.

The Ohio requirement does not create any additional protected categories or remedies beyond federal law; it is primarily an administrative compliance obligation for public entities. Employers must use the federal E-Verify system (www.e-verify.gov), which is the only authorized mechanism for state law compliance in Ohio.

Private employers in Ohio are not required by state law to participate in E-Verify, though they must complete Form I-9 verification for all new hires. Employers who use E-Verify must do so consistently and cannot use it selectively as a screening tool only for certain applicants or employees based on national origin, accent, or appearance, as this violates EEOC anti-discrimination rules under 8 U.S.C. § 1324a(b).

Temporary workers, independent contractors, and workers hired before the E-Verify system became available are not retroactively required to be verified through E-Verify, though employers should still maintain Form I-9 records. Federal contractors who believe they have a qualifying exemption (such as contracts under $3,500) are not required to use E-Verify, but if the contract threshold is met, exemptions are narrow.

Ohio public employers covered by § 4113.52 may not deny employment based solely on a tentative non-confirm (TNC) result or initial database mismatch; they must allow the employee to follow the E-Verify resolution process. Employers cannot use E-Verify results to make decisions about firing, discipline, or promotion absent clear confirmation that the employee is not authorized to work.

Absent a federal contract trigger, private employers in Ohio may choose not to use E-Verify and instead rely on traditional Form I-9 completion and visual document inspection. The I-9 form itself must be retained for three years or one year after termination, whichever is later, under 8 U.S.C. § 1324a(b)(1). Employers are not permitted to pay for E-Verify fees (the system is provided free by DHS/SSA).

Step 1: Document Compliance Obligations. Determine whether your employer is subject to E-Verify requirements. If you are a public employer in Ohio or an employee of a federal contractor, E-Verify use is mandatory. If you are a private employer in Ohio with no federal contracts, document that you are using Form I-9 verification as the baseline compliance method. Keep records of all verification documents, Form I-9s, and any E-Verify case number or results if you choose to participate.

Step 2: Report Internal Concerns. If your employer is a public entity or federal contractor and is failing to use E-Verify, or is using it discriminatorily, first raise the concern with your human resources department or compliance officer. Document the violation in writing—note dates, names of employees affected, and specifics of how E-Verify was not used or was used in a discriminatory manner. Request a written response and keep copies of all communications.

Step 3: File with the Appropriate Federal Agency. For federal contractor E-Verify violations, file a complaint with the Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) at www.dol.gov/ofccp or call 1-866-4-USDOL. The deadline is typically 180 days from the violation. If the violation involves discrimination (e.g., selective E-Verify use based on national origin), file with the EEOC at www.eeoc.gov or by phone at 1-800-669-4000. Ohio employees have 300 days to file an EEOC charge (or 180 days in non-deferral states). For Ohio public employer violations, file a complaint with the Ohio Attorney General's office or the state employment relations board.

Step 4: Expect the Investigation Process. The OFCCP or EEOC will contact your employer and request E-Verify records, I-9 forms, hiring practices documentation, and evidence of discrimination if alleged. This process typically takes 60 to 180 days. You may be asked to provide a sworn statement and describe the impact of the violation. The agency will determine whether E-Verify was used when required, whether it was used discriminatorily, and whether employees were wrongfully denied employment or terminated.

Step 5: Consult an Employment Attorney. If you have been denied employment, terminated, or demoted due to an E-Verify issue or discriminatory verification practices, consult an employment attorney licensed in Ohio. An attorney can help you pursue remedies under IRCA (back pay, reinstatement), Title VII (if discrimination is involved), or Ohio public employment law. Do not wait until after the 300-day EEOC deadline; early legal advice can protect your rights.