Employee Privacy: Ohio

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

Author: Keith A. Asthmus, Frantz Ward LLP

Summary

• Ohio has employee privacy protections beyond the federal law based on its Constitution, statutes, and common law. See Monitoring and Protecting Employee Privacy.
• Public employees have greater protections than private sector employees from unreasonable searches by their employers. See Ohio Constitutional Right to Privacy and Protection Against Unreasonable Search and Seizure.
• Interception and disclosure of electronic communications requires consent of at least one party to a private conversation. See Interception of Wire, Oral or Electronic Communications.
• Ohio statutes protect against several categories of computer surveillance or destructive activities. See Computer-Related Crimes.
• Ohio has criminal penalties for voyeurism. See Criminal Penalties for Voyeurism.
• Ohio law requires employers to conduct background checks for certain positions related to public safety and the care of children, the disabled, and the elderly. See Background Checks.
• Ohio employers should not make inquiries of employees or candidates regarding arrests that did not lead to a conviction. Inquiries about convictions are permissible if they are job-related. See Arrest and Conviction Records.
• Private employers who choose to establish drug-free workplace programs to obtain workers' compensation premium discounts must comply with statutory requirements for such programs. Contractors and subcontractors who are awarded public improvement projects are required to maintain a drug-free workplace program and must also meet additional statutory requirements related to drug and alcohol testing. See Drug and Alcohol Testing.
• Employers must notify employees if a breach of their electronic system causes personal employee information to be released to an unauthorized person. See Security Breach of Personal Information.
• Ohio law protects employers who disclose accurate information about an employee's job performance in response to reference requests. See Responding to Reference Requests.