Louisiana Limits Consideration of Arrest Record and Criminal History in Hiring

On August 1, Louisiana’s “Fair Chance” law went into effect. Louisiana joins a number of other states that have passed similar “Fair Chance” laws. These laws aim to give applicants with arrest records or conviction history a fair chance in the hiring process.

Louisiana’s “Fair Chance” law restricts an employer’s consideration of an applicant’s arrest record and criminal history in hiring decisions. Under the new law, when a background check reveals an applicant has a record of arrest or a criminal charge which did not result in a conviction, an employer is prohibited from considering that information in the hiring decision. When an applicant’s record includes a criminal conviction, the law requires an employer to make an “individualized assessment” of the applicant’s criminal history to determine whether the criminal history has a “direct and adverse relationship with the specific duties of the job” that may justify denying the position.

The law outlines three factors an employer should consider in making the individualized assessment:

• 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

The law also requires that an employer provide an applicant with any background check information used during the hiring process when the applicant makes a written request for such information.

Louisiana’s “Fair Chance” law builds off related “Ban the Box” laws, which prohibit employers from inquiring about criminal history or arrest records and from conducting a background check prior to an interview. Louisiana adopted a “Ban the Box” law in 2016, which applies to state and political subdivision employers. The City of New Orleans passed a similar city ordinance in 2019, which applies to the city’s hiring department and city vendors.

Louisiana employers should review their hiring policies and background check policies to ensure compliance with the law. Please contact Clerc Cooper or any member of Phelps’ Labor and Employment team if you have any questions or need compliance advice and guidance.