Louisiana — Hiring & Onboarding

Every employer in Louisiana must complete Form I-9, Employment Eligibility Verification, for each individual hired for employment in the United States. This federal requirement under 8 U.S.C. § 1324a(b), enacted as part of the Immigration Reform and Control Act of 1986, applies to all U.S. employers regardless of size and covers all employees hired after November 6, 1986—including U.S. citizens, lawful permanent residents, and foreign nationals authorized to work. Employees must complete Section 1 no later than the first day of employment. Employers must complete Section 2 within three business days of the employee's start date by physically examining documents that establish both identity and work authorization.

Source: 8 U.S.C. § 1324a(b) | USCIS I-9 Central

Louisiana prohibits employers from discriminating based on criminal history records obtained through background checks during hiring decisions under La. R.S. § 23:291.2, enacted as Act 406 of 2021 and effective August 1, 2021. The law is known as the Fair Chance Hiring Act and applies to private employers with generally 20 or more employees.

Prohibition on arrest records and non-convictions

Employers may not request or consider an arrest record or charge that did not result in a conviction when that information is received in the course of a background check. La. R.S. § 23:291.2(A). This absolute bar applies only to background-check-sourced information; the statute does not restrict information disclosed by the applicant during an interview or on an application, though federal Title VII and EEOC guidance still constrain such inquiries.

Individualized assessment for convictions — three-factor test

When considering criminal convictions revealed through a background check, employers must conduct an individualized assessment of whether the applicant's criminal history has a "direct and adverse relationship with the specific duties of the job" that may justify denying the position. La. R.S. § 23:291.2(B). The statute requires employers to consider all three of the following factors:

1. Nature and gravity of the offense or conduct — the seriousness and character of the crime;
2. Time elapsed since the offense, conduct, or conviction — how much time has passed since the incident and completion of any sentence;
3. Nature of the job sought — the specific duties and responsibilities of the position.

These three criteria mirror the "Green factors" from EEOC enforcement guidance under Title VII (Green v. Missouri Pacific Railroad Co., 549 F.2d 1158 (8th Cir. 1977)), which the EEOC incorporated into its 2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records. The Louisiana statute codifies this job-relatedness standard and makes it an express statutory obligation for employers using background checks, not merely federal discrimination-avoidance guidance.

Disclosure of background check information to applicants

Upon written request by the applicant, an employer must make available to the applicant any background check information used during the hiring process. La. R.S. § 23:291.2(C). The statute does not impose a proactive notice requirement informing applicants of this right; the obligation arises only upon the applicant's affirmative written request.

Scope and enforcement

The law applies to private employers and is situated within Louisiana Revised Statutes Title 23, Chapter 3-A (Prohibited Discrimination), alongside provisions granting employers immunity from negligent hiring claims when they refrain from considering criminal history. La. R.S. § 23:291.2 does not expressly create a private cause of action or specify administrative enforcement; it is unclear whether violation gives rise to an employment discrimination claim under La. R.S. § 23:303 or only to arguments in defense of negligent hiring exposure. Practitioners should note that the state "ban the box" timing rule—La. R.S. § 42:1701, which restricts state employers from inquiring about criminal history until after an interview or conditional offer for unclassified positions—does not apply to private employers. The Fair Chance Hiring Act imposes substantive use restrictions, not timing restrictions, for private employers.

Source: La. R.S. § 23:291.2