On September 30, 2025, Ohio’s House Bill 96 (HB 96) took effect and creates big changes for some employers. The law repeals many of Ohio’s long-standing Affirmative Action Program (AAP) requirements for government contractors and creates a new, “mini-WARN” Act (governing mass layoffs and plant closings). Under these changes, Ohio employers have fewer state contracting requirements but may have additional requirements when conducting a mass layoff or plant closing.
Elimination of Many State-Mandated Affirmative Action Program Requirements
Historically, Ohio required contractors on state projects to prepare and maintain written AAPs, file certain reports, and obtain Certificates of Compliance to be or remain eligible for public contracts. HB 96 eliminated many of these state-specific AAP requirements, which means that, moving forward:
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Contractors are no longer required to have a written AAP to be eligible for state or political subdivision contracts.·
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Contractors are no longer required to file an annual description of the AAP and progress report, nor are they required to file monthly utilization work hour reports.
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Certificates of Compliance are no longer required to bid on public works.
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Public authorities are prohibited from disqualifying contractors for failing to comply with an AAP or DEI program.
These changes follow the roll-back of federal AAP mandates, which started when President Trump revoked Executive Order 11246 in January 2025. With the elimination of federal AAP requirements, government contractors in the state of Ohio were uncertain about the future of the state-specific AAP requirements. HB 96 aligns with the federal roll-back and provides clarity and relief for AAP obligations for future state contracts.
Importantly, these changes to state law do not eliminate contractors’ obligations under any applicable county or local AAP law, nor under applicable federal, state, or local equal employment opportunities or anti-discrimination law. Furthermore, HB 96 does not affect existing set-aside programs for minority-owned or EDGE-certified businesses.
What about current contracts?
Unfortunately, HB 96 was silent regarding how these changes may apply to current state contracts that contain AAP requirements. As such, contractors may still have affirmative action obligations under existing contracts. Employers with current state contracts that contain AAP requirements should exercise caution before ceasing all affirmative action programs. Our attorneys here at KWW would be glad to help you review any current government contracts to determine whether and to what extent any state-mandated AAP compliance is still required.
Ohio’s New “Mini-WARN” Act
Also, effective September 30, 2025, Ohio has enacted its own version of the federal Worker Adjustment and Retraining Notification (WARN) Act at Ohio Revised Code §4113.31. The new state law governs mass layoffs and plant closings in Ohio. Although the new law explicitly states that it “requirements specified in this section do not establish a different standard than that established by federal statutes and regulations,” it then goes on to expand its application and notification requirements beyond the federal WARN Act. Key features of Ohio’s mini-WARN Act include:
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Broader triggers: Any layoff of 50 or more employees at a single site within 30 days may trigger notice obligations, without the federal 33% threshold, meaning such a layoff triggers notice requirements regardless of the total size of the workforce
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Expanded notice requirements: Employers must notify not only employees and unions, but also the Ohio Department of Job and Family Services, the local municipality, and the county.
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Enhanced content: Notices must include detailed explanations, job counts and positions, bumping rights, reemployment opportunities, unemployment insurance information, and mitigation steps.
Ohio’s mini-WARN does incorporate some of the federal WARN’s remedies, including liability for up to 60 days of back pay and benefits, civil penalties, and attorneys’ fees.
Next Steps for Employers
With these changes are already in effect, here’s what you should do next:
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Audit contracts for lingering AAP clauses.
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Review layoff policies considering the new mini-WARN triggers.
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Update WARN templates to meet Ohio’s expanded notice requirements.
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Train HR and leadership on the new rules to avoid inadvertent violations.
These changes are now in effect, making it a good time to review how your organization may be simpacted. For guidance or clarity on Ohio’s new mini-WARN Act or the elimination of the state AAP mandates, please contact any K|W|W attorney.
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