Louisiana Background Checks laws & HR compliance analysis

Louisiana Background Checks: What you need to know

There are a number of ways for employers to gather information on the background of an applicant for employment. Employers may simply call an applicant's former employer to confirm the applicant's dates of employment and title and to try to obtain a more detailed reference from a supervisor. However, more and more frequently, employers are hiring third parties to conduct background checks on applicants who have been offered employment. In addition, depending on the nature of the position, employers are requesting reports about an applicant's driving record, criminal record, and/or credit history. There are often legal limits on employers obtaining and using this type of information. When employers hire a third party to conduct a background check or to obtain reports from outside agencies, such reports are subject to the federal Fair Credit Reporting Act (FCRA) and state laws. In Louisiana, employers must comply with laws concerning consumer reports, criminal background checks, fingerprinting, and driver's record information.
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In addition to FCRA, credit-reporting agencies that provide consumer reports to employers must comply with the Louisiana statute. Credit-reporting agencies must maintain a record of any report provided for employment consideration for 2 years. In addition, anyone who is denied employment in whole or in part based on information provided by the credit reporting agency must provide the individual with a free copy of the report, if requested, in writing within 60 days of being denied employment (LA Rev. Stat. Sec. 9:3571.1).
There is no state law prohibiting the use of conviction records in employment decisions. In order to obtain ...

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