Effective August 1, 2021: Louisiana employers with twenty or more employees in the state are prohibited from considering an arrest record or charge that did not result in a conviction “if such information is received in the course of a background check.”

Under the new law, when considering convictions, Louisiana employers must make an individualized assessment of whether the conviction has a “direct and adverse relationship with the specific duties of the job” that would justify denial of the applicant. In those circumstances, employers must considering:

• The nature and gravity of the offense or conduct;
• The time that has elapsed since the offense, conduct, or conviction; and
• The nature of the job sought.

Louisiana employers should review their applicant screening policies to ensure they remain in compliance with all applicable laws.

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