Legislation in Louisiana related to the use of criminal records in employment decisions went into effect June 23, 2021. The act specifies that employers are prohibited from requesting or considering an arrest record or charge that did not result in a conviction.
When considering other types of criminal history records, employers are required to conduct an individualized assessment where several factors should be evaluated to determine if the 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 following factors to consider are provided:
- The nature and gravity of the offense or conduct
- The time that has elapsed since the offense, conduct, or conviction
- The nature of the job sought
These factors are in line with the 2012 Equal Employment Opportunity Commission (EEOC) guidance on the consideration of arrest and conviction records in employment decisions. For further information on this topic, feel free to download our complimentary whitepaper titled “Evaluating Background Checks: An Individualized Approach”.
Lastly, upon written request from the applicant, employers are also required to provide the applicant any background check information used during the hiring process. Louisiana employers should review their hiring practices immediately and make change to comply if necessary.