Effective August 1, Louisiana law will prohibit employers from requesting arrest records or charges, other than convictions, related to an applicant when making a hiring decision. Further, employers may not consider this information to make the hiring decision even if it is otherwise received during a background check. Limited exceptions will apply, such as situations where another law requires employers to obtain or consider the information.
The new law additionally mandates that, when considering criminal history recordings during the hiring process, employers must make an individualized assessment of whether an applicant’s criminal history record has a direct and adverse relationship with the specific duties of the job that justify denying the applicant the position.
When making this assessment, employers must consider the following factors:
(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, the law requires employers to make any background check information used during the hiring process available to the applicant upon their written request.
Employers will want to act quickly and work with employment counsel to update their hiring policies as needed to comply.
 Act 406 of the 2021 Regular Session was signed by Louisiana’s governor on June 16, 2021, to enact R.S. 23:291.2.
 These are commonly referred to as the “Green Factors.” EEOC guidance states that an employer’s neutral policy to exclude applicants based on specific criminal history may disproportionally impact some individuals protected until Title VII and may violate the law if not job-related and consistent with business necessity. Employers may typically demonstrate job-relatedness and consistency with business necessity by considering these factors when evaluating an applicant’s criminal history.
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