What Are Louisiana Background Check and Ban-the-Box Laws?

This summary of Louisiana’s background check and ban-the-box regulations is updated regularly. However, due to the rapid pace of legal changes, the accuracy of all details cannot be guaranteed. For precise guidance, it’s advisable to consult your attorney.

Fair Credit Reporting Act (FCRA)

The Fair Credit Reporting Act (FCRA) was established by the federal government to create a standard for hiring practices. It is designed to regulate how employers conduct background checks and protect both employers and job applicants.

Louisiana State Laws

• R.S. 23-897: Louisiana employers are prohibited from passing the costs of background checks, fingerprinting, or obtaining medical records onto prospective employees.

Ban-the-Box & Fair Hiring Laws

State Laws — Public Employers

• Who Must Comply: This ban-the-box regulation applies only to public sector employers in Louisiana when hiring for “unclassified” positions.
• Timing of Inquiry: Public employers can inquire about an applicant’s criminal history only after the first interview or, if no interview takes place, after a conditional offer is made.

Adverse Action and Individualized Evaluation

• While Louisiana law does not mandate an individualized assessment when considering criminal history, it allows employers to evaluate factors such as the nature and severity of the offense, how long ago it occurred, and its relevance to the job role. It is recommended that employers perform such an assessment to ensure a fair hiring process.