Ohio Eliminates Affirmative Action Requirements for State Contractors

July 21, 2025

What's New

Ohio’s governor recently signed a bill that removes the requirement for a written affirmative action program (AAP) from state contractors bidding on public works construction projects or providing goods and services to the state.

HB 96, the state’s appropriations bill for FY 2026-2027, strikes the requirement that “[a]ll 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 bill eliminates several other related affirmative action obligations that applied specifically to construction contractors. Construction contractors no longer need a certificate of compliance before bidding on certain public works contracts.

Generally, contractors submitted their AAPs to demonstrate compliance with these deleted requirements.

What It Means

Going forward, public works and goods and services contractors doing business with Ohio will not be required to have a written AAP. However, it is unclear how the state will enforce contracts that currently require contractors to maintain and verify their AAP.

What You Should Do

Companies with existing contracts with the state of Ohio should consult counsel before continuing with the state’s AAP verification process.

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