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Louisiana legislators passed a bill that created restrictions on how organizations may consider criminal records when making employment decisions.

About The Law

Louisiana’s Fair Chance Law (FCL), also known as House Bill 707, notes that organizations with 20 or more employees are prohibited from considering arrest records or charges that did not result in a conviction if the information was “received in the course of a background check.” There are some exceptions that were established by existing law.

The FCL uses the Equal Employment Opportunity Commission’s (EEOC) framework regarding the consideration of convictions. It specifies Louisiana employers must assess an applicant's criminal history to determine if it has a direct relationship with the job duties for the position to which they applied.

Employers must consider a few factors to help them see if a candidate's criminal history warrants denial of employment. They include:

• The nature and gravity of the offense or conduct;
• The time that elapsed since the offense, conduct, or conviction;
• The nature of the job sought.

Adverse Actions

The Fair Credit Reporting Act (FCRA) is a federal law that defines how adverse actions are to be handled. In short, employers must send a pre-adverse notice along with a copy of the background check and other documents, give the person time to review and provide an adverse notice if they proceed.

In addition to this process, employers in Louisiana must follow steps established by the FCL. The law allows residents to make written requests for “any background check information used during the hiring process.” Employers must give applicants a copy of their background check to comply with the FCRA, but they should be aware that if a request is made, the FCL also requires them to submit information about anything else they relied on to help make a decision. This could include online searches, public records and other sources.

Grievances

The FCL creates allowances for aggrieved applicants to bring actions against prospective employers if they provide written notice within 30 days. This notice must explain the reason for a claim of an alleged violation. Next, the applicant must make a “good faith effort to resolve the dispute prior to initiating court action.”

If the issue is not resolved, the applicant may attempt to prove there was a violation of the FCL. Should they succeed, they may be eligible to receive a full range of damages, including compensatory, back pay, reinstatement and attorney’s fees.

Compliance

Employers in Louisiana must comply with the Fair Chance Law. We recommend consulting with legal counsel to ensure your policies are up-to-date and compliant with all relevant laws where you operate.

Learn more about the Louisiana FCL.

Running Background Checks

Screening applicants, volunteers or contractors is an important part of every employer’s hiring process. These reports help you make informed decisions, create safe workplaces and demonstrate due diligence.

When you need employment related background checks, please contact us. Our team can help you build custom screening packages for any position. We are available to assist you Monday through Friday from 5am to 6pm PT.