AI Frontier Institute

Regards use of automated employment decision tools

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Ohio H.B. No. 828 (136th General Assembly) was introduced on 2026-04-21 and referred to the Commerce and Labor committee on 2026-05-13. It has not been enacted. If enacted, it would create section 4113.90 of the Revised Code to regulate automated employment decision tools, meaning machine-learning, statistical, data-analytics or AI processes that produce a score, classification or recommendation used to automate, support, substantially assist or replace discretionary decisions about hiring, employment, promotion, retention or discipline (including dismissal or contract nonrenewal) (division (A)). "Worker" covers employees and independent contractors. Under division (B), employers, employment agencies and personnel placement services could not rely solely on such a tool for an employment determination. They could use one only if a human reviewer reviews its output for accuracy. Under division (C), a user of such a tool would have to give the worker or prospective worker written notice that the tool will be used, the qualifications and characteristics it will apply, the type and source of the input data, and the user's data retention policy. Under division (D), the notice must be given at least ten days before the tool is used. The worker or applicant could request an alternative assessment or evaluation that does not use the tool, and the employment determination would then have to be made using that alternative. The text contains no enforcement mechanism or penalties.

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