Employee Privacy: Ohio
Federal law and guidance on this subject should be reviewed together with this section.
Author: Keith A. Asthmus, Frantz Ward LLP
- 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.