The Ohio Senate Workforce Development Committee is currently considering legislation to promote second chance hiring across the state by removing questions about an applicant’s criminal history on initial employment applications. Senate Bill 143, sponsored by Senators Hearcel Craig and Bill Blessing, has received four committee hearings, and the Ohio Chamber recently moved to interested party after adoption of a substitute bill. Initially, the Ohio Chamber testified as an opponent because the bill did more than “ban the box.” The original bill mandated employers follow a burdensome process for informing applicants about their criminal histories that included allowing applicants to rebut the results of their background check and requiring employers to give job denials in writing that specify why the applicant’s criminal history was disqualifying. The latest substitute bill removes this interactive process from the bill and gives all employers legal protections when hiring reformed citizens. These legal protections prevent plaintiff attorneys from using a person’s criminal history as evidence to support a claim of negligent hiring or negligent supervision. The Ohio Chamber believes these protections will give employers a greater incentive to consider hiring reformed citizens since they will not face additional liability should the employee re-offend. In addition to the legal protections, the substitute bill simplifies Senate Bill 143 by only prohibiting criminal history questions on initial employment applications. Previous versions had also prohibited employers from asking applicants about “arrests not followed by conviction” at any point in the hiring process. This was problematic because most commercial background checks do not differentiate records based upon what happens after the arrest, which means employers would have no ability to know which arrests they could not ask an applicant about in an interview. Also, only a handful of states prohibit asking about arrests not followed by conviction, so this limitation would have made Ohio’s employment laws an outlier and increased compliance burdens for them. Senate Bill 143 remains pending in the Senate Workforce Development Committee and could receive a committee vote in the coming weeks. |