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Quick Hits
- A new Ohio law will eliminate AAP requirements for state contractors.
- The changes align with the Trump administration’s rollback of federal affirmative action mandates.
- Ohio was one of several states and local jurisdictions with its own contractor affirmative action requirements.
On June 30, 2025, Ohio Governor Mike DeWine signed into law House Bill (HB) 96, the state’s operating appropriations vehicle for fiscal year (FY) 2026–27. The legislation revamped government administrative requirements and will eliminate key affirmative action requirements for state contractors effective September 30, 2025.
AAP Mandates Eliminated
HB 96 strikes part of Section 125 of the Ohio Revised Code that states, “All contractors from whom the state or any of its political subdivisions make purchases shall have a written affirmative action program for the employment and effective utilization of economically disadvantaged persons.”
The law further strikes a requirement that each such contractor annually “file a description of the affirmative action program and a progress report on its implementation with the department of development.”
Additionally, HB 96 removes the requirements under Section 153 that each contractor bidding for a public improvement project obtain a “valid certificate of compliance with affirmative action programs.” The law adds a provision that will explicitly prohibit public authorities from “eliminat[ing] a bidder as unqualified on the basis that the bidder has not complied with an affirmative action program or a diversity, equity, and inclusion program.”
Ohio previously required AAPs for certain state contractors and subcontractors, specifically those with fifty or more employees and a contract of $50,000 or more. Such AAPs required contractors to use workers with disadvantages arising from cultural, racial, or ethnic backgrounds, including race, religion, sex, disability, military status, national origin, and ancestry.
Altered Landscape
Ohio was one of several states and local jurisdictions with affirmative action requirements for contractors. These laws have become more significant as the Trump administration has rolled back federal contractor affirmative action mandates.
Specifically, the administration revoked Executive Order 11246, which had prohibited federal contractors from discriminating in employment based on race, color, religion, sex, or national origin and required them to take affirmative action to ensure equal employment opportunity for minorities and women. The administration is also seeking to wind down the Office of Federal Contract Compliance Programs (OFCCP) and proposing to shift to other agencies the remaining enforcement responsibilities related to federal contractors’ equal employment opportunity requirements for protected veterans and workers with disabilities.
Ohio has now followed suit, aligning with the federal government’s rollback of affirmative action policies for government contractors. It remains to be seen whether or how Ohio will enforce contracts with existing AAP requirements.
Next Steps
The changes contained in HB 96 mean that going forward, businesses wishing to do business with the state of Ohio will not be required to maintain AAPs as a matter of state law. However, contractors may still have affirmative action and equal employment opportunity compliance obligations under federal and/or local laws. Moreover, the rollback of affirmative action mandates does not eliminate contractors’ obligations under state and federal employment antidiscrimination laws.
Ogletree Deakins’ Government Contracting and Reporting Practice Group and Workforce Analytics and Compliance Practice Group will continue to monitor developments and will provide updates on the Diversity, Equity, and Inclusion Compliance, Government Contracting and Reporting, Ohio, and Workforce Analytics and Compliance blogs as additional information becomes available.
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