Louisiana - Ban-The-Box & Fair Hiring Laws By State

Louisiana

Updated on 12 Mar 2020

Ban-The-Box & Fair Hiring Laws By State

We update this overview of ban-the-box rules often. But laws change quickly, and we cannot guarantee all information is current. Always consult your attorney for legal advice.

Guidance

Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

STATE LAWS — PUBLIC SECTOR

Who must follow: This ban-the-box law applies only if you are a public sector employer for the State of Louisiana and you are hiring for an “unclassified” position.

Timing of inquiry: Public sector employers for the state of Louisiana may only inquire into criminal history after the first interview, or if no interview is conducted, after a conditional offer.

Adverse action implications:

Individualized assessment recommended. The statute doesn’t require an individualized assessment but states that an employer “may” consider the nature and gravity of the criminal conduct, the time passed since the criminal conduct, and the bearing the criminal conduct will have on the ability of the employee to perform duties and functions of the role. We encourage employers to perform an individualized assessment in light of this.

COUNTY LAWS

BATON ROUGE, LA – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only if you are a public sector employer for the City of Baton Rouge, LA.

Timing of inquiry: Public sector employers for the City of Baton Rouge may not inquire into criminal on the job application.

Adverse action implications: None

SEE DETAILS

NEW ORLEANS, LA – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only if you are a public sector employer for the City of New Orleans.

Timing of inquiry: Public sector employers for the City of New Orleans may only inquire into criminal history after the candidate has been interviewed and deemed qualified.

Adverse action implications:

Pre-adverse action. Once the background check is complete and provided to the employer, the employer must provide the applicant a copy along with an enclosure letter allowing the applicant to comment on the report.
Individualized assessment. Employers covered by this law must conduct an individualized assessment prior to sending a final adverse action notice.
Final adverse action. Employers must use the template form provided by the city of New Orleans

SEE LAW

NEW ORLEANS, LA – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only if you contract to perform services for the City of New Orleans.

Timing of inquiry: Contractors for the City of New Orleans may only inquire into criminal history after an initial in-person interview.

Adverse action implications: None.

SEE LAW