Warden Watch

Ohio: Automated Employment Decision Tools Bill (HB 828)

OhioLegislationNot in force

Ohio House Bill 828 proposes to enact Section 4113.90 of the Revised Code to regulate how employers, employment agencies, and personnel placement services use automated employment decision tools (AEDTs). The bill applies to employment determinations regarding workers and prospective workers in Ohio, covering hiring, promotion, retention, discipline, dismissal, and contract nonrenewal decisions. It explicitly prohibits sole reliance on AEDTs for employment determinations, requiring mandatory human review of outputs for accuracy. Additionally, the bill mandates written disclosures at least 10 days before tool usage, explaining applied qualifications, data sources, and data retention policies, while granting workers the right to opt out and request an alternative evaluation.

Impact

What this means for HR and vendors

HR and recruitment teams

HR and talent acquisition teams operating in Ohio must establish procedures to ensure AI tools are never used as the sole basis for hiring, promotion, or disciplinary decisions. Human reviewers must be designated to check AEDT outputs for accuracy prior to finalizing employment determinations. Furthermore, HR workflows must incorporate a 10-day advance written notice requirement covering applied criteria, data types, and retention policies, alongside an operational process to fulfill worker requests for alternative, non-automated assessments.

HR technology vendors

HR technology vendors supplying AEDTs to Ohio employers will face commercial expectations to support deployers in meeting statutory disclosure and human review obligations. While the bill directly targets employers and placement agencies, providers must furnish deployers with clear documentation detailing model logic, applied qualifications, data inputs, and data sources. Additionally, providers must ensure their tools allow human override and support alternative non-automated evaluation pathways when candidates opt out.

Key obligations

What organizations need to do

Practical obligation briefings focused on what the requirement is, who it applies to, when it applies and what teams should consider doing.

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