Affirmative Action: Ohio

Federal law and guidance on this subject should be reviewed together with this section.

Author: Angela Daling, Frantz Ward LLP

Summary

• Most state contractors are required to adopt and follow specific affirmative action programs, both for construction contracts and for goods and services procurement contracts. See Affirmative Action Requirements for State Construction Contractors.
• Contractors pursuing public works contracts with the State of Ohio must apply for Certificates of Compliance with Affirmative Action Programs under ORC Ann. 9.47 and ORC Ann. 153.08. See Enforcement.
• OAC Ann. 123:1-23-02 has established very specific minority utilization goals for state contractors to follow. See Developing an Affirmative Action Program.
• If a contractor violates an affirmative action program, the contractor will be subject to sanctions. See Implementing and Administering Affirmative Action Programs.
• The state and political subdivisions can only purchase goods or services of $2,500 or more from a company that has successfully completed the Affirmative Action Program Verification (AAPV) process. See Providers of Goods and Services.
• Ohio's Minority Business Enterprise (MBE) Program assists minority businesses in obtaining state government contracts by establishing a "set-aside procurement program" for goods and services. The Encouraging Diversity, Growth, and Equity (EDGE) Program also assists economically and socially disadvantaged businesses. See Minority Business Enterprise Program.
• State agencies are required to adopt and comply with rigorous affirmative action programs. See Agency Employers.