Louisiana: Fair Chance
August 6th, 2021 | Tammy Glover Fowler, Compliance Associate
On June 16, 2021, the Governor of Louisiana, John Bel Edwards, signed House Bill No. 707 into law. The effective date is August 1, 2021. The Bill aims to: prohibit discrimination based on criminal history records; to provide criteria in making hiring decisions; to provide for hiring decisions in conjunction with criminal history records; and to provide for related matters.
The rules establish the following which is relative to employment discrimination:
Unless otherwise provided by law, when making a hiring decision, an employer shall not request or consider an arrest record or charge that did not result in a conviction if the information is received during a background check.
When considering other types of criminal history records, employers are required to make an individual assessment whether an applicant’s criminal history record has a direct and adverse relationship with the responsibilities of the job that may justify denying the applicant for the position. The employer shall consider the following when making the 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
Upon receiving a written request from an applicant, an employer shall make available any background check information that was used during the hiring process.
The full text of the Bill can be found here: LA House Bill No. 707
Louisiana employers should review their drug and background screening policies and programs in
light of the new law. Employers should also consult with their legal counsel when considering updating
their drug and background screening policies and programs.
The Information contained herein is for informational purposes only. Sterling is not a law firm, and none of the information contained in this notice is intended as legal advice. Clients are encouraged to consult with their legal counsel about the impacts of any requirements. This and other important legislative updates can be found on the Sterling website: https://www.sterlingcheck.com/resources/compliance-updates/
Sterling is not a law firm. This publication is for informational purposes only and nothing contained in it should be construed as legal advice. We expressly disclaim any warranty or responsibility for damages arising out this information. We encourage you to consult with legal counsel regarding your specific needs. We do not undertake any duty to update previously posted materials.