Louisiana Employment Screening Overview
Louisiana has a moderately regulated screening environment, requiring employers with 20 or more employees to conduct individualized assessments of conviction records and prohibit consideration of non-conviction arrests from background checks under its Fair Chance Law.
The state also mandates E-Verify or document retention for work authorization, has specific drug testing procedural requirements, and provides medical marijuana protections for state employees—federal requirements and local ordinances in New Orleans and Baton Rouge may add additional obligations.
What's Permitted
- E-Verify or specified document retention permitted for all employers statewide
- Drug testing permitted for private employers following state procedural requirements
- Credit checks generally permitted under federal rules, no state-specific restrictions
- Criminal history inquiries permitted after initial application stage for most employers
What's Prohibited
- Considering arrest records or non-conviction charges from background checks, for employers with 20+ employees
- Requesting salary history from applicants, for New Orleans city agencies only
- Failing to conduct individualized assessment of conviction records, for employers with 20+ employees
- Failing to verify work authorization via E-Verify or document retention, statewide
Ban the Box Laws
Public Employers OnlyStatus Summary
Louisiana: Act 398 delays inquiries for state unclassified; Act 406 (20+ employees) bars using nonconviction arrests from background checks and requires individualized conviction assessment. New Orleans and Baton Rouge ordinances add later-timing, documentation, and disclosure rules for city agencies/contractors.
Key Requirements
Act 398 (La. R.S. 42:1701)
Delays criminal-history inquiries for certain state hires: https://www.civilservice.louisiana.gov/files/gener...
- Delay criminal-history inquiries until interview
- Applies to state unclassified service positions
- Excludes law enforcement, corrections, legally-required checks
- Consider convictions using job-specific factors
- Factors: nature, gravity, time, job duties
Act 406 (La. R.S. 23:291.2)
Limits employer use of background-check criminal information: https://www.legis.la.gov/legis/ViewDocument.aspx?d...
- Prohibits using non-conviction arrests from background checks
- Requires individualized assessment for conviction records
- Assessment factors: nature, gravity, time, job
- Applies only to background-check information
- Provide reports upon written applicant request
New Orleans Ban the Box ordinance
City agencies and contractors must delay checks and document decisions: https://nola.gov/next/cao/topics/ban-the-box-initi... https://nola.gov/nola/media/CAO/Policy/No-AA129-Ba...
- Background checks after interviews or finalist selection
- Covers city agencies and city contractors
- Must provide applicants copies of reports
- Document nexus; consider rehabilitation evidence
- Maintain records of checks for three years
Baton Rouge Fair Chance Hiring ordinance
Contractor-focused fair chance requirements for city contracts/grants: https://hdlegisuite.brla.gov/attachments/2023/legi...
- Contractors cannot ask before offer
- Applies to contracts, grants, cooperative agreements
- Requires compliance certifications in contracts
- Exceptions when law requires earlier checks
- Enforcement via complaint process, payment withholding
Ban the Box Best Practices for Louisiana Employers
- Delay criminal-history inquiries until after interview or conditional offer
- Do not consider non-conviction arrests from background checks
- Conduct individualized assessments of convictions: nature, time, job relation
- Document decisions and retain background-check records per local rules
- Provide applicants background-check reports upon written request
Salary History Ban
NoNew Orleans Executive Order MJL17-01
City ordinance banning salary-history inquiries for city hires:
- Applies only to City departments.
- Covers classified and unclassified hires.
- Prohibits asking prior pay at any stage.
- Cannot use inadvertently obtained history.
- Applicants may voluntarily disclose prior wages.
Sources: https://nola.gov/nola/media/CAO/Policy/No-AA136-(R... https://nola.gov/next/cao/topics/policy-memoranda/
No Louisiana Statewide Salary-History Ban
Current statewide legal status summary:
- No statewide ban for private employers.
- Federal laws still apply where relevant.
- Monitor legis.la.gov for status updates.
- Note: 2024 SB 205 addressed teacher compensation, not salary history.
Sources: https://www.shrm.org/topics-tools/news/talent-acqu...
Salary History Best Practices for Louisiana Employers
- Treat Louisiana as no statewide salary-history ban.
- Comply with New Orleans' ban for city agency hiring.
- Private employers not covered unless city-contracted or procurement-related.
- Discuss salary expectations; do not seek prior wages.
- Monitor legis.la.gov for potential future legislation.
Consumer Credit Checks
NoLouisiana defers to the FCRA; RS 9:3571.1 grants denied applicants a free report within 60 days, agency ID, two‑year records, and freeze rules; RS 23:897 bars applicant payment for fingerprinting, medical, or drug tests.
Key Requirements
Fair Credit Reporting Act (FCRA)
Federal law governing employment credit reports:
- Governs employment credit report use.
- Written notice and authorization required.
- Provide pre‑adverse action materials.
- No state-specific restriction in Louisiana.
- Recommend limit checks to financial roles.
Source: https://www.ftc.gov/business-guidance/resources/us...
Louisiana Revised Statute RS 9:3571.1
State consumer credit reporting requirements:
- Free report after denial within 60 days.
- Employers must identify used credit agency.
- Two‑year retention of report recipients.
- Security freeze removal: three business days.
Source: https://law.justia.com/codes/louisiana/revised-sta...
Louisiana Revised Statute RS 23:897
Applicant-paid screening cost prohibitions:
- Applicants cannot be charged screening costs.
- Statute lists fingerprinting, medical, drug tests.
- Criminal penalties: fine or imprisonment, or both.
- Civil penalties up to $500 per incident.
Louisiana Unfair Trade Practices Act (Title 51 §1401 et seq.)
Enforcement and remedies for violations:
- Attorney General enforces consumer reporting rules.
- Private suits available for actual damages.
- No dedicated employment oversight agency.
Source: https://www.legis.state.la.us/legis/Law.aspx?d=111...
New Orleans Ban‑the‑Box Ordinance (2018)
Local ordinance regarding criminal-history inquiries:
- Restricts criminal-history on initial applications.
- Permits later criminal background checks.
- Does not regulate credit checks.
Source: https://council.nola.gov/news/october-2018/council...
Credit Check Best Practices for Louisiana Employers
- Comply with FCRA: obtain written authorization before pulling reports
- Provide FCRA pre‑adverse notice, copy of report, rights summary
- Provide agency name and free report upon denial (60‑day window)
- Retain employment‑report recipient records for two years
- Do not charge applicants for fingerprinting, medical, drug tests, records
Marijuana Protection
Medicinal Marijuana
State employers may not impose negative employment consequences solely for a positive marijuana test if the employee/prospective employee has a physician recommendation under LA R.S. 40:1046; exceptions: impairment, on-duty/on‑premises use, vehicle operators, and specified safety/public‑safety roles (La. R.S. 49:1016).
Recreational Marijuana
Recreational marijuana use is not protected; employers may test and impose adverse employment consequences if statutory procedures, certified laboratories, and chain‑of‑custody requirements are followed (La. R.S. 49:1001–1021).
Drug Testing Regulations
Louisiana (La. R.S. 49:1001–1021; La. R.S. 23:1081, 23:1601; Act 651/La. R.S. 49:1016) permits drug testing with written policies, certified labs, chain‑of‑custody; public employers may test pre‑employment, reasonable‑suspicion, post‑accident, random; Act 651 protects state employees with medical marijuana, subject to exceptions.
Permitted Testing Types
Pre-Employment
Allowed; subject to written policy and certified-lab requirements.
Random Testing
Allowed for public safety/security-sensitive positions; private testing subject to compliance.
Reasonable Suspicion
Allowed when objective, documented supervisory observations justify testing.
Post Accident
Allowed; refusal creates presumption of intoxication affecting benefits.
Workers' Compensation Discount
No statutory workers' compensation premium discount exists in Louisiana tied to employer drug-testing.
Positive tests or refusals can lead to benefits denial; refusal presumes intoxication after workplace accidents.
Best Practices
- Use written drug-testing policies detailing procedures and covered positions
- Use SAMHSA or CAP-certified labs for adverse-result testing
- Maintain strict chain-of-custody and MRO review
- Permit testing only in authorized circumstances; document reasonable suspicion
- Recognize Act 651 protections for state employees’ medical marijuana
Clean Slate Laws
StatewideLouisiana: Fair Chance Law (R.S. 23:291.2, Aug. 1, 2021) bars employer consideration of non‑conviction arrests; automated expungement (Art. 985.2) authorized Jan. 1, 2025 but contingent on appropriation; expungement rules: Arts. 976–978. https://www.legis.la.gov/legis/Law.aspx?d=919662 https://www.legis.la.gov/Legis/ViewDocument.aspx?d...
E-Verify Requirements
Mandatory for Public ContractorsWho Must Use E-Verify
Private Employers [Revised Statute 23:995]
Not mandatory; RS 23:995 provides a safe-harbor—use E-Verify or retain specified documents to avoid civil penalties. https://www.legis.la.gov/Legis/Law.aspx?d=84042
Federal Contractors [Federal contract requirements / FAR & DHS E‑Verify]
Often required by federal contract clauses and federal law—verify contract terms; Louisiana advises enrollment and participation. https://doa.louisiana.gov/doa/osup/state-agencies/...
Any other relevant groups [Revised Statute 38:2212.10]
Contractors on Louisiana public contracts must use E-Verify and submit sworn attestations; noncompliance risks contract cancellation and debarment. https://www.legis.la.gov/Legis/Law.aspx?d=84036
Background Check Regulations
Federal laws (like the FCRA and EEOC guidance) govern employment background checks, and Louisiana state statutes and regulations can impose additional limits or procedures; employers must follow both and consult counsel for state-specific requirements.
FCRA Compliance Process
Disclosure & Authorization
Provide clear, standalone written disclosure that a background check will be conducted. Obtain separate written authorization from the applicant before ordering the report.
Obtain Background Report
Order the background check from a Consumer Reporting Agency (CRA). Ensure the CRA is FCRA-compliant and provides accurate, up-to-date information.
Pre-Adverse Action Notice
If considering denying employment based on the report, provide the applicant with:
- Copy of the background report
- Copy of "A Summary of Your Rights Under the FCRA"
- Reasonable time to respond (typically 5 business days)
Adverse Action Notice
If final decision is made to deny employment, provide written notice including:
- Name, address, and phone number of the CRA
- Statement that the CRA did not make the decision
- Notice of right to dispute report accuracy
- Notice of right to request additional free copy within 60 days