On June 10, 2021, the Louisiana legislature enacted R. S. 23:291.2 (HB 707), which prohibits discrimination by employers based on criminal history records and which provides criteria regarding making hiring decisions in conjunction with criminal history records.
- Employer may not request or consider an arrest record or charge that did not result in a conviction if such information is received in the course of a background check.
- When considering criminal history records, an employer shall make an individual assessment of whether an applicant’s criminal history record has a direct and adverse relationship with the specific duties of the job that may justify denying the applicant the position.
- Upon written request by the applicant, an employer shall make available to the applicant, any background check information used during the hiring process.
Who is impacted by this Law?
This law applies to any person, firm, or corporation, including the state and its political subdivisions, and their agents, that has one or more employees, or individuals performing services under any contract of hire or service, expressed or implied, oral or written.
Can an employer inquire into, or consider, all criminal offenses?
No. The law states that an employer shall not request or consider an arrest record or charge that did not result in a conviction if such information is received in the course of a background check.
What should the employer consider during the individualized assessment?
An employer shall consider all of the following when making an individual assessment:
(1) The nature and gravity of the offense or conduct
(2) The time that has elapsed since the offense, conduct, or conviction and
(3) The nature of the job sought.
We recommend employers review and discuss with your legal counsel your organization’s policies and procedures to ensure continued compliance with the changing laws and regulations.
Please note: The information provided above is strictly for educational purposes. It is not intended to be legal advice, either expressed or implied. Accurate Background recommends that you consult with your legal counsel regarding all employment regulations.