Louisiana State Legislature Passes Act Affecting Business Hiring Practices

Act 406 went into effect on June 23, 2021 after being passed by both legislative chambers and signed by the governor.

The terms of Act No. 406 (HB 707) apply to any business conducting background checks on candidates before offering the individual a position. The Act:

  • Prohibits employers from inquiring about or considering arrest records or charges not resulting in a conviction.
  • Authorizes applicants (upon written request) to obtain any background checks utilized by employers during the hiring process.
  • Requires employers to make individualized assessments 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 following factors must be assessed in arriving at this decision:
    • 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.

Employers are encouraged to review this new law and update any hiring policies or protocols as applicable.

Posted: July 6, 2021

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This document and/or presentation is provided as a service to our customers. Its contents are designed solely for informational purposes, and should not be inferred or understood as legal advice or binding case law, nor shared with any third parties. Persons in need of legal assistance should seek the advice of competent legal counsel. Although care has been taken in preparation of these materials, we cannot guarantee the accuracy, currency or completeness of the information contained within it. Anyone using this information does so at his or her own risk.

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