Summary of differences between federal and state regulations
There is no one federal law that specifically addresses employment applications, although there are record retention guidelines under a variety of federal laws (see the Recordkeeping topic” and non-discrimination provisions for hiring in general (see the Discrimination topic).
Ohio law provides that in any application for employment, a person may not be questioned regarding an arrest for which the records were expunged. If an inquiry is made, the person may respond as if the expunged arrest did not occur, and the individual will not be subject to any adverse action because of the arrest or the response. §2151.358
In any application for employment, a person may be questioned only with respect to convictions or bail forfeitures not sealed or expunged, unless the question bears a direct and substantial relationship to the position for which the person is being considered. §2953.33
Except where based on a bona fide occupational qualification, it is an illegal employment practice to use any form of application for employment that elicits or attempts to elicit any information concerning the race, color, religion, sex, national origin, disability, age, or ancestry of an applicant for employment; except that an employer may require an applicant to furnish proof of U.S. citizenship if the employer holds a contract with the federal government that contains a nondiscrimination clause. §4112.02
