Recently the state of Louisiana passed HB 707, which pertains to employers use of criminal history information. The new law will enact a new Section, 23:291.2, in the current Louisiana law. The effective date of the law is August 1, 2021.
The new law was created to:
- prohibit discrimination based on criminal history records;
- provide criteria in making hiring decisions; and
- provide for hiring decision in conjunction with criminal record history records.
According to the new law, employers will no longer be allowed to request or utilize arrest records or charges that did not result in convictions, when making hiring decisions. Also when utilizing other types of criminal history information, employers must perform individualized assessments to determine whether the criminal history information has a “direct and adverse” relationship with the specific duties of the job which would justify the employer denying the position to the applicant.
Specifically, the new law states:
§291.2. Criminal history; hiring decisions
A. 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 such information is received in the course of a background check.
B. When considering other types of criminal history records, an employer shall make 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. When making this assessment, an employer shall consider all of the following:
(1) The nature and gravity of the offense or conduct.
(2) The time that has elapsed since the offense, conduct, or conviction.
(3) The nature of the job sought.
C. Upon written request by the applicant an employer shall make available to the applicant any background check information used during the hiring process.
Link to the Louisiana Law: https://legis.la.gov/legis/ViewDocument.aspx?d=1235804
The foregoing information is not offered as legal advice but is instead offered for informational purposes. First Advantage Corporation is not a law firm and does not offer legal advice and this communication does not form an attorney client relationship. The foregoing information is therefore not intended as a substitute for the legal advice of a lawyer knowledgeable of the user’s individual circumstances or to provide legal advice. First Advantage Corporation makes no assurances regarding the accuracy, completeness, currency or utility of the above information. Legislative, regulatory and case law developments regularly impact on general research and this area is evolving rapidly.
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