State of Louisiana imposes “Fair Chance” law

Special Announcement to all Louisiana employers :

Effective August 1, 2021, the State of Louisiana will impose a “Fair Chance” law Act 406) that limits the types of criminal records that employers may use to make a hiring decision.

Under the law, the following restrictions, will apply:

1) An employer shall not request or consider an arrest record or charge that did not result in a conviction

2) 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.

The full test of the law can be found here: Act 406 

As a result of this law, Justifacts will no longer report non-convictions for those employers and/or applicants that are located in Louisiana.

This law will require a review of the hiring process in place and may require changes to that process. Justifacts recommends that you consult with your legal department to determine what changes, if any, need to be made to your hiring process in order to comply with this law.

It is important to note that Justifacts is providing this information as a service to our clients. None of the information contained herein should be construed as legal advice, nor is Justifacts engaged to provide legal advice. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult your attorney or legal department if you want assurance that our information, and your interpretation of it, is appropriate to your particular situation.