On Dec. 22, 2015, Gov. John Kasich signed House Bill (HB) 56 into law. The new law prohibits state agencies and political subdivisions (including public libraries) from including any questions related to an applicant’s criminal background on an employment application form. However, HB 56 expressly states that nothing in the bill prohibits a public employer from including a statement on the application form stating who may or may not be eligible for the position.

Therefore, a “box” related to an applicant’s criminal background can no longer appear on an employment application form, but a statement may appear on the form making it clear who is and is not eligible for the position.

Also, the new law does not prohibit checking background information once the applicant moves forward in the process. Public employers may inquire about an applicant’s criminal history during an interview and/or conduct a background check.

The OLC has received requests from members for sample disclaimer language that libraries can utilize on employment application forms if they choose to do so. The OLC’s legal counsel has provided the following sample language:

“This employment application does not seek information regarding the applicant’s criminal record. However, the Library reserves the right to make inquiry into the applicant’s criminal record, to conduct a criminal background check and to condition any offer of employment on the information obtained from any such inquiry or background check. In evaluating an applicant’s criminal record, the Library shall make an individualized assessment, utilizing the factors permitted by applicable law.”

HB 56 takes effect March 21, 2016. If you have any questions, please contact Michelle Francis, OLC Director of Government and Legal Services at mfrancis@olc.org.