Table of Contents
We regularly revise this summary of Louisiana’s background check regulations and ban-the-box policies. However, legislative changes occur rapidly, and the accuracy of all details cannot be ensured. It is advisable to seek legal counsel from your attorney for precise guidance.
FCRA
DISTRICT LAWS
BAN-THE-BOX
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Fair Credit Reporting Act (FCRA)
To establish a benchmark for hiring protocols, the federal government instituted the Fair Credit Reporting Act (FCRA), aimed at overseeing and safeguarding the interests of both employers and job seekers.
State Laws
R.S. 23-897
Our Take: Employers are prohibited from transferring expenses related to background checks, fingerprinting, or medical records to prospective employees.
Ban-The-Box & Fair Hiring Laws
STATE LAWS — PUBLIC COMPANIES
Who Must Comply: This ban-the-box regulation is applicable solely to public sector employers within the State of Louisiana when hiring for an “unclassified” position.
Timing of Inquiry: Public sector employers in Louisiana may initiate inquiries into criminal history only after the initial interview or, if no interview takes place, subsequent to extending a conditional offer.
Ramifications of Adverse Action:
Individualized Evaluation: While the statute does not mandate an individualized assessment, it specifies that an employer “may” take into account factors such as the nature and severity of the criminal offense, the time elapsed since the offense, and the impact of the offense on the candidate’s ability to fulfill the duties of the role. We advocate for employers to conduct an individualized assessment considering these factors.
LOCAL LAWS — PUBLIC AND PRIVATE COMPANIES
See which Louisiana counties and cities have local ban-the-box and fair hiring laws.