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Ohio Application Forms: What you need to know

The Ohio Fair Employment Practice Law prohibits employers from using any application for employment that asks about race, color, religion, sex (including pregnancy), military status, national origin, disability (specifically including HIV-positive status), age, or ancestry (OH Rev. Code Sec. 4112. 01 et seq.). The law covers private employers with four or more employees and all state and local government agencies, regardless of size. A detailed discussion of prohibited preemployment inquiries and a list of impermissible inquiries and permissible alternatives are available.
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Ohio law prohibits employers from asking applicants about any arrest for which the records have been sealed or expunged (OH Rev. Code Sec. 2151.357). If an inquiry is made, the applicant may respond as if no arrest had occurred (OH Rev. Code Sec. 2151.358). Employers are discouraged from making inquiries about arrest records because the federal Equal Employment Opportunity Commission has maintained that such inquiries have a disparate impact on certain minority groups and are therefore discriminatory. Additional information on inquiries about arrest and conviction records is available.
Employers with operations in more than one state should periodically review their application forms to ensure compliance with state and local requirements. A California court ruling pointed out that disclaimers and statements about requirements or exceptions under state law should be worded appropriately and placed conspicuously in application forms (Starbucks Corp. v. Superior Court, 168 Cal. App. 4th 1436 (2008)). The employer in this case used the same application form nationwide. The form included a ...

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Ohio Application Forms Resources

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