NFIB Ohio State Director Jared Weiser recently testified in opposition to Ohio Senate Bill 143, legislation that would prohibit  employers from inquiring about the criminal background of an applicant on an initial application. This legislation is a one-size-fits-all mandate that removes the flexibility for small employers to do what is best for their business and replaces it with burdensome regulations and increased liability.

Weiser testified before the Ohio Senate Workforce Development Committee and explained that Ohio’s small businesses are committed to providing individuals with second chances:

“Many small businesses already have highly successful second-chance hiring programs, helping individuals with past convictions rebuild their lives. This is because small businesses have more flexibility in hiring choices and can typically move faster than their larger counterparts. However, we strongly oppose government-mandated one-size-fits-all approaches, like those found in Senate Bill 143.”

In addition to prohibiting employers from inquiring about criminal history on initial applications, Senate Bill 143 outlines overly burdensome compliance requirements throughout the hiring process.

For example:

• Employers would be required to provide a written notice to an applicant outlining the disqualifying convictions and provide a five day “cure period” for the applicant to dispute the information.
• Then, they must provide an additional five days for the applicant to provide evidence supporting their claim that the background check information was incorrect.
• Then, an employer must then provide a written notice of a final decision to the applicant, along with information on how the individual can file a complaint with the Ohio Civil Rights Commission.

Weiser closed, “The bottom line is small businesses believe in second chances. We should reward small employers who make second-chance hires, not regulate them. We are committed to working on practical, incentive-based solutions that open doors for individuals with criminal backgrounds. This way we can accomplish the sponsor’s goals without red tape and increased liability for small employers.”

Stay tuned for more information on proposed legislation that could impact your small business.