Blog

 
     

Ohio Passes Senate Bill 337

By Michael Klazema on 9/20/2012

The bill applies to any individual subject to a "collateral sanction" (a penalty, disability, or disadvantage related to employment or occupational licensing as a result of a conviction of or plea of guilty to an offense). The bill allows such an individual to petition a court for a “certificate of qualification for employment” for relief from certain barriers to employment or occupational licensing.

A certificate of qualification for employment lifts the automatic bar of a collateral sanction and provides that a licensing authority must consider on a case-by-case basis whether to grant or deny or restore a license of an eligible offender. However, a certificate may not grant automatic relief for collateral sanctions to individuals applying for or holding a license as a health care professional if he or she is convicted of or pleads guilty to a variety of charges including murder, manslaughter, kidnapping, robbery, arson, etc.

Senate Bill 337 also offers protections for employers that hire and employ certificate holders from tort liability for negligent hiring and retention claims. A certificate of qualification for employment will provide immunity for an employer accused of negligent hiring if it knew of the certificate prior to the time of the alleged negligence.

An employer may be held liable in a civil action based on or relating to the retention of an employee with a certificate of qualification for employment who later demonstrates that he or she is dangerous or is later convicted of or later pleads guilty to a felony, and the employer willfully retains the individual as an employee afterwards. A certificate of qualification for employment is presumptively revoked if the holder is convicted of or pleads guilty to a felony offense committed subsequent to its issuance

Tag Cloud
Categories
Recent Posts

Latest News

  • May 18 In search of more personnel and considering normalization, some major employers have elected to drop pre-employment drug screens for marijuana. As the opioid epidemic continues, there is still a role for workplace drug tests.
  • May 15

    A Congressional IT contractor who is facing bank fraud, a class-action lawsuit, and allegations of cyber breach never underwent a background check. Congressional guidelines recommend background screenings but have a loophole that makes it possible to skip them.


  • May 10 Are SSN background checks essential, or even necessary? We look at what Social Security Number data can and cannot do in the background check process.
  • May 10

    In the wake of an attack in which the perpetrator used a rental vehicle to strike pedestrians, and with a growing number of such attacks around the world in recent years, rental companies must consider how to address the issue. Effective security measures have proven difficult to implement.


  • May 08 Some statistics suggest employers aren’t running international background checks. In a job market where foreign candidates are increasingly common, this oversight can be dangerous.
  • May 03

    Despite player numbers in the millions, the primary sanctioning body for youth soccer in the United States established no standard policy requiring background checks. They face legal jeopardy due to the actions of abusive coaches. 


  • May 03 Are you applying for a job with Starbucks? Here’s what to expect from the background check process.
  • May 02 — Further restrictions have been placed on employers that inquire about prior criminal records. Timeframes have been adjusted and asking about expunged records is prohibited. 
  • May 01 Uber is expanding its background check policies. Going forward, the company will incorporate repeat background checks and ongoing criminal monitoring into its driver screening processes.
  • April 28 Airport background checks are governed by the TSA and FAA. They typically include employment history checks, criminal history searches, and a few other elements.