Employers: Have you heard about the Ohio House’s House Bill 187? Its proposal is to protect the privacy of employment applicants; however, it could also make the hiring just a little bit trickier you.
House Bill 187:
According to © 2017 BARNES & THORNBURG LLP, House Bill 187 provides that no employer may request an applicant’s Social Security Number, date of birth, or driver’s license number before making an offer of employment.
You might already see why this new bill could be frustrating for employers. These are the key pieces of information employers and Consumer Reporting Agencies (CRAs) use to check criminal records, driving history, credit history, previous employment, and more. The bill does state that an employer may obtain information for these background screening reasons, but this is unrealistic because it forbids employers from providing this information to third parties, like us.
If House Bill 187 becomes law, employers will undoubtedly have to begin conducting their own background checks, or they will have to wait until they make an offer to conduct a background check through a third party. This will surely slow the hiring process and could even result in increased adverse actions.
What Else Does the Bill Propose?
Additionally, House Bill 187 requires employers to destroy any and all information collected about an applicant within two years of it being provided – And it doesn’t matter whether the applicant has been hired or not. This, too, can present its own problems to employers due to Ohio’s discrimination law, which has a six-year statute of limitations. If this bill passes, then an unsuccessful applicant could potentially sue a business five years after not receiving an offer, and the employer would have no records of the application since they would have legally had to destroy them.
If the Ohio House bill 187 passes, Pre-Check has developed a solution called Pre-Verify – a standalone application that enables employers to perform their own background checks. This means they no longer must rely on third parties for criminal checks, motor vehicle reports and other services and meets the “carve-out” component of the bill. For more information contact Bob Drusendahl, at Bob@pre-check.com.