Louisiana: New Fair Chance Rules Apply to Job Applicants’ Criminal History
All Employers with LA Employees
August 1, 2021
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HB 707 implements new fair chance rules for job applicants with a criminal history. First, employers cannot inquire into an applicant’s arrest history that did not result in a conviction. Second, when considering criminal records, employers must conduct an individual assessment of whether an 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 position. The individual assessment must include consideration of (1) the nature and gravity of the offense or conduct; (2) the time that has elapsed since the offense, conduct, or conviction; and (3) the nature of the job sought. Finally, employers must provide applicants with a copy of the background check report upon written request.
Because this is not a ban-the-box rule, employers can still make preemployment criminal history inquiries; however, they must now follow new rules once a background screen has been conducted. Employers must still comply with the federal Fair Credit Reporting Act requirements for conducting background checks.
- Review HB 707 here.
- Have background check procedures updated for compliance.
- Train appropriate personnel on conducting individual assessments.
- Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.
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