Ohio Selection and Testing: What you need to know

The Ohio Fair Employment Practice Law prohibits employment discrimination based on race, color, religion, sex, military status, national origin, disability, age, and ancestry, unless a protected characteristic is required in order to perform the job in question, i.e., is a bona fide occupational qualification (BFOQ).
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In addition, employers are prohibited from using any employment application, or printing or circulating any statement, advertisement, or publication that indicates any discriminatory limitation or specification. The law covers all public employers and private employers with four or more employees (OH Rev. Code Sec. 4112.01 et seq.).
Generally, employers may utilize professionally developed aptitude tests and other selection procedures if such tests are not designed, intended, or used to discriminate against a protected individual or group of individuals.
An employer should be very careful to observe state and federal guidelines when questioning an applicant or employee about an apparent or hidden disability.
Preemployment inquires under state law. State law allows preemployment inquiries if the questions are designed to determine whether the applicant can perform the essential functions of the job or whether the applicant can perform the job without significantly increasing health hazards to himself or others (OH Admin. Code Sec. 4112-5-08).
Preemployment inquiries under federal law. The federal Americans with Disabilities Act (ADA) also allows preemployment inquiries about whether the applicant can perform the essential functions of the job, but prohibits all questions about the existence, nature, or extent of a ...

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Record retention is complex and time consuming. However, in addition to complying with various federal and state laws, keeping good, well-organized records can be very helpful in documenting and supporting an organization’s employment actions.
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