Regards use of automated employment decision tools

136th Legislature (2025-2026) Introduced by Sean Brennan and 6 co-sponsors

Ohio requires human review of automated employment decision tools and advance written notice to workers, ensuring transparency and offering non-automated alternatives.

Referred to committee

#employment

Summary of HB 828 (Session 136, Ohio)

Purpose and intent

Establishes a regulatory framework for the use of automated employment decision tools in Ohio.

The core goal is to prevent single, unchecked reliance on automated outputs for employment decisions and to ensure human review and transparency in the process.

Key definitions

Automated employment decision tool: A computational process that:

Is derived from machine learning, statistical modeling, data analytics, or artificial intelligence.
Produces a simplified output (e.g., a score, classification, or recommendation) used to automate or substantially assist, or replace discretionary employment decisions affecting an individual.

Employment determination: Decisions about a worker’s or prospective worker’s suitability for hiring, employment, promotion, retention, or disciplinary actions (including dismissal or nonrenewal).

Worker: An individual providing services to an employer as an employee or as an independent contractor.

Core requirements and prohibitions

Restriction on sole reliance: Employers, employment agencies, or personnel placement services may not rely solely on an automated employment decision tool when making an employment determination.

** permissible use with human review**: Automated tools can be used as part of the decision, but the output must be reviewed for accuracy by a human reviewer.

Notice and transparency obligations

When an automated tool is used, the employer or agency must notify the worker or prospective worker in writing of:

The fact that an automated tool will be used in connection with an employment decision.
The qualifications and characteristics the tool will apply in the decision.
The type of input data collected for the tool and the data sources.
The policy governing retention of data collected for input into the tool.

Timing and accommodation provisions

Notice timing: The required written notice must be provided at least 10 days before using the automated tool in connection with the employment decision.

** right to an alternative assessment**: Workers or prospective workers may request an alternative assessment or evaluation that does not involve the automated tool.

If an alternative assessment is requested, the employer must use that alternative method to make the employment determination.

Who is affected

Employers, employment agencies, and personnel placement services operating in Ohio that use automated employment decision tools in hiring, promotion, retention, or disciplinary decisions.

Workers and prospective workers who may be subjected to such automated tools and who seek transparency or an alternative assessment.

Procedural and timeline aspects

Action history: Introduced in April 2026 and referred to committee in May 2026.

The bill would enact new Ohio Revised Code § 4113.90 upon passage to govern these practices statewide.

Practical impact and considerations

Promotes transparency by requiring advance written notice and disclosure of data inputs and tool characteristics.

Introduces a mandatory human review step to prevent over-reliance on automated outputs.

Provides workers with the option to pursue non-automated evaluation methods.

Could affect how employers implement AI/ML-based screening, applicant scoring, or other automated evaluative processes in hiring and employment decisions.

If you’d like, I can break down potential compliance steps for employers or compare this to similar rules in other states.