State Contractor Updates – Ohio and Minnesota

When Executive Order 11246 was rescinded, most expected to see “movement” in state and local requirements for contractors, and Berkshire has been working diligently to monitor the 50 states and myriad major metropolitan areas for developments. Recently, the states of Ohio and Minnesota have been “on the move.”

Ohio to Eliminate AAPs for State Contractors

On June 30, 2025, Ohio Governor Mike DeWine signed into law HB 96. While this is mainly a budgetary bill, it includes eliminating the existing affirmative action program requirements for contractors doing business with the state. With the new bill, Section 9.47 of the Ohio Revised Codes was repealed.

Therefore, effective September 30, 2025, contractors doing business with the state of Ohio will no longer be required to maintain a written affirmative action plan for the employment and effective utilization of “disadvantaged persons.” The requirement to receive a certificate of compliance has also been removed. Renewals of the certificate are also no longer required.

Current holders of the certificate of compliance will no longer need to maintain the written affirmative action plan as a state contractor. Before disbanding these state AAPs, contractors should assess if components of the program also support other requirements (such as other state contractor compliance or federal compliance).

Equal employment practices should continue to be a priority regardless of state contractor requirements as Ohio, like other states, has a general anti-discrimination law that applies to any employer employing four or more persons within the State. That law prohibits covered employers from discriminating in employment because of race, color, religion, sex, military status, national origin, disability, age, or ancestry.

Minnesota –Pushes Contractors Into the “Portal”

No legislative changes for contractors who do business with the state of Minnesota, but a procedural change for Workforce Certificate holders. Effective on August 1, 2025, when submitting documentation in support of the annual compliance report (2 parts – Year in Review and Data Analysis), it should only be done via the state’s Department of Human Rights website, rather than emailing to the department.

Earlier this year, there were significant changes to the AAP requirements for Minnesota contractors, which can be reviewed here.

Berkshire routinely reports on changes and updates at the state level and past blogs can be found here. Reach out to your Berkshire Consultant for more information and assistance regarding state contractor regulations.