Ohio Workplace Privacy Laws

What You Need to Know About Ohio’s Workplace Privacy Laws

Knowing one’s privacy rights in the workplace is always important, especially when one could be easily violated by an employer. Here’s what you need to know about workplace privacy laws in Ohio.

Ohio’s workplace privacy laws combine federal and state regulations to determine employees’ rights to privacy. The regulations cover topics such as background checks during the hiring process, privacy regarding electronic and email communications, and drug testing. It is recommended that employees look at the presiding privacy laws to ensure that their rights are not being violated by their employers.

Background Checks in Ohio

Ohio state law requires schools, health care centers, daycares, and other places of employment to conduct background checks during their hiring process. Many private companies also regularly conduct background checks when taking on new employees. There are multiple statutes that help protect employees’ privacy during this process.

Fair Credit Reporting Act (FRCA)

The FRCA limits the way third-party consumer reporting agencies (CRAs), or the agencies that companies use to conduct background checks, gather and circulate information about applicants. It also limits the ways that employers can use the gathered information in the hiring process. The FRCA includes a 7-year lookback provision. CRAs are not allowed to report the following if it is more than 7 years old under the provision:

Arrests that did not result in a conviction
Civil judgments
Bankruptcies
Liens

Two exceptions exist for the 7-year lookback: If the job pays salaries of more than $75,000, or if the conviction would have been criminal.

The FRCA states employers must give written advanced notice to applicants of their objective to conduct a background check. Employees must also receive the applicant’s written consent for a background check before its conduction.

Ohio Policy HR-29 and House Bill 56

HR-29 aimed to prevent applicants for a public position from receiving an immediate rejection simply because of a criminal conviction. It bars public employers from asking about an applicant’s criminal history during the first few stages of the process. House Bill 56, which was passed in 2017, emphasizes the goal of HR-29 by preventing public employers from asking about an applicant’s criminal record on any employment application questions.

Privacy for Electronics and Emails in the Workplace

Employees using a company email generally cannot have a reasonable expectation of privacy for those emails. This is because the emails are stored by employers, and employers possess the right to monitor, search, and view company emails. If an employee wishes to send personal emails, they may consider doing so from a personal email or computer to preserve their privacy from unwanted searches.

Employees also do not have an expectation of privacy regarding the websites that they visit on company computers. Employers can track the websites that employees use on company computers, and they can also block certain websites from being viewed. Similarly to emails, if an employee wants to protect themselves from unwanted searches, they should visit non-work-related websites on a personal computer or electronic device.

While employees have limited expectations of privacy with company emails and computers, they do possess certain privacy rights with telephones. The Federal Electronic Communications Privacy Act prohibits employers from:
Monitoring an employee’s personal phone calls without the employee’s consent
Intercepting an employee’s voice mail

Drug Testing Employees in Ohio

Ohio’s Administrative Code states that employers are able to test their employees for drug or alcohol use as long as there is reasonable suspicion. These drug and alcohol tests could include a urine or breath sample. The employer’s reasonable suspicion must be predicated on objective facts that reasonably imply drug or alcohol use by the employee. Some examples of reasonable suspicion include:

Disorientation
Abnormal behavior
Slurred speech

Reasonable suspicion must be documented in writing as specified by applicable procedures in federal and state regulations and union agreements before the drug test occurs.

FAQs About Ohio Workplace Privacy Laws

My employer wants to drug test me, but I have not been acting suspiciously at work. Do I have to do the drug test?

If an employer wants to drug test an employee but seemingly lacks reasonable suspicion, the employee should ask to see the reasonable suspicion that was documented in writing. If the employer is unable to provide this, then the employee typically should not be required to submit a drug test under Ohio law. However, the employee should consult their employee handbook and contract to determine if the employer is still entitled to the drug test.

My employer listened to my phone calls without my consent. What should I do?

It is first important to determine that the phone call was a personal call and not work-related. If it was work-related, then the employer technically can listen to the call. If it was personal, employees should consult with a lawyer to determine future steps they can take.

If I was arrested for a crime but not convicted for it but it was only 4 years ago, am I able to make sure employers cannot see it?

Certain employers may not ask about an applicant’s criminal history according to House Bill 56 and HR-29. Individuals arrested for a crime may also ask the court to seal the record of the arrest, which would ensure that future employers would not see it.

Contact Us

If you or a loved one would like to learn more about Ohio Workplace Privacy Laws, get your free consultation with one of our Employment Attorneys in Ohio today!