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Louisiana Limits Use of Criminal History in Preemployment Screening

Effective August 1, 2021, Louisiana employers may not request or consider information received in the course of a background check regarding an arrest record or charge that did not result in a conviction when making a hiring decision.

When considering other types of criminal history records, employers must make an individual assessment of whether a direct and adverse relationship exists between an applicant’s criminal history and the specific duties of the position, considering:

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

Employers must also make any background check information used in the hiring process available to an applicant upon written request.

Employers should review and update their recruitment and screening process to comply with the law, including training recruiters and hiring managers on these new requirements.

HR Works, headquartered in Upstate New York, is a human resource management outsourcing and consulting firm serving clients throughout the United States for over thirty years. HR Works provides scalable strategic human resource management and consulting services, including: affirmative action programs; benefits administration outsourcing; HRIS self-service technology; full-time, part-time and interim on-site HR managers; HR audits; legally reviewed employee handbooks and supervisor manuals; talent management and recruiting services; and training of managers and HR professionals.