Louisiana Enacts Ban the Box Law Regarding Criminal History and Criminal Background Checks

Louisiana’s Governor John Bel Edwards recently signed a law to “ban the box” for state employers. Private businesses are not impacted. Act 398 (formerly House Bill 266) takes effect August 1, 2016. It removes the criminal history checkbox from the initial job application, and prohibits state employers from asking about an applicant’s prior felony convictions prior to the initial interview or after extending a conditional offer of employment.

According to Act 398, the law defines a state employer as, “any department, office, division, agency, commission, board, committee, or other organizational unit of the state.” Louisiana is the 24th state to enact some form of ban the box legislation. New Orleans and Baton Rouge Louisiana already had similar ban the box measures in place.

Under the law, Louisiana’s state employers can consider the following when considering an applicant’s criminal history:

  • The nature and gravity of the criminal conduct
  • The time that has passed since the occurrence of the criminal conduct
  • The specific duties and essential functions of the position and the bearing, if any, that the criminal conduct will have on the ability of the prospective employee to perform one or more of those duties or functions

As with most ban the box legislation, there are exceptions such as jobs in law enforcement (including corrections) or positions where a criminal background check is required by law.

Click here to get a copy of Act 398.

Comments

Blog post currently doesn't have any comments.

Add Your Comment