Ohio Advertising laws & compensation compliance analysis

Ohio Advertising: What you need to know

Preference prohibited. Ohio law prohibits all employers with four or more employees from printing or publishing (or causing to be printed or published) any notice or advertisement relating to employment that indicates any preference, limitation, specification, or discrimination based on age, race, color, religion, sex, military status, national origin, disability, or ancestry unless based on a bona fide occupational qualification (BFOQ) (OH Rev. Code Sec. 4112.02).
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Also, Ohio employers may not hire or otherwise engage any employee-referring source, such as an employment agency or personnel placement firm, that is known to place job notices or advertisements that indicate discrimination against persons because of their race, color, religion, sex, military status, national origin, disability, age, or ancestry.
Likewise, any person seeking employment may not publish or cause to be published any advertisement that specifies or in any manner indicates his or her race, color, religion, sex, military status, national origin, disability, age, or ancestry, or expresses a limitation or preference as to the race, color, religion, sex, military status, national origin, disability, age, or ancestry of any prospective employer.
BFOQ. While differences in treatment are permissible where a BFOQ has been certified by the Civil Rights Commission of Ohio, an exception covers employment advertising, as well as application forms and preemployment inquiries (OH Rev. Code Sec. 4112.02(E)). Regulations issued by the Civil Rights Commission of Ohio state that a BFOQ exception based on sex will be narrowly interpreted (OH Admin. Code Sec. 4112-5-05).

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