Louisiana Background Check: A Complete Guide for Employers

As a Louisiana employer, conducting background checks on job applicants is essential for ensuring that you make informed hiring decisions. But with a myriad of state and federal laws governing pre-employment background checks, the process can be challenging.

At Accuscreen Systems™, we provide comprehensive, accurate, current, and FCRA-compliant employment screens to employers across the state, including New Orleans, Shreveport, Baton Rouge, Lafayette, and more. With our extensive experience, we have created this complete guide to help employers navigate the background check process in Louisiana.

Let’s dive in!

Louisiana Employment Background Check Laws: A Complete Overview

Louisiana employers must understand the local, state, and federal laws that govern pre-employment background checks. Failure to comply with these laws can lead to fines and potential legal liability.

Federal Employment Background Checks Laws

At the federal level, the two most critical laws that govern Louisiana employment background checks are the Fair Credit Reporting Act (FCRA) and Title VII of the 1964 Civil Rights Act. These two laws apply to employers and CRAs in every state.

FCRA

The FCRA restricts the types of information consumer reporting agencies (CRAs) can report and governs how employers can use certain types of information revealed on pre-employment background checks.

CRAs cannot report information about arrests not leading to convictions older than seven years. The seven-year lookback period also restricts CRAs from reporting other information older than seven years, including information about civil judgments, liens, civil lawsuits, collection accounts, and bankruptcies.

However, the time limitations do not apply to jobs that pay salaries of at least $75,000, and the seven-year lookback period does not apply to criminal convictions.

Louisiana employers must provide advance written notice to applicants before conducting pre-employment background screenings. The applicants must provide express, written consent before a background check can be performed. If negative information is revealed on a background check report, employers must follow the FCRA’s adverse action process before making a hiring decision based on that information.

Title VII

Title VII of the 1964 Civil Rights Act prohibits discrimination based on the protected characteristics of applicants and employees. This law applies to all phases of the employment relationship, including the recruiting, interviewing, and hiring processes.

Title VII applies to pre-employment background checks that reveal Louisiana criminal records. Employers should individually assess conviction records related to the jobs they are hiring before deciding against hiring an applicant based on their criminal history information.

State Laws

In addition to the FCRA and Title VII, Louisiana employers have several other restrictions they must follow, including:

Employers cannot ask applicants to pay for the costs of fingerprints, background checks, drug tests, or medical exams required for hiring decisions.
Employers are prohibited from asking applicants or employees for their social media or online personal account passwords or usernames. However, they can ask employees for usernames or passwords to access employer-provided devices.
State agencies cannot ask applicants about criminal history information on the application. They also cannot inquire about criminal history information until after the applicants have been interviewed or conditional job offers have been extended.
Public sector employers in New Orleans may not conduct checks of their applicants’ criminal histories until after they have been interviewed.
New Orleans has passed a ban-the-box ordinance that applies to companies that contract with the city.

What Shows Up on a Background Check in Louisiana?

Depending on the screening provider’s ability and resources to collect background information on job applicants, background check reports can include as much information as the laws allow.

At Accuscreen Systems™, we offer a wide variety of employment background check reports, allowing employers to customize their screening solutions according to the individual needs of their business.

Our reports can include the following:

Criminal history information from state and federal databases
Credit information, when allowed by law
Sex offender registry searches
Social Security number traces
Employment verifications
Education verifications
Professional reference checks
Drug testing, when allowed by law

By following the laws and regulations of Louisiana, employers can ensure they are making well-informed hiring decisions.

By partnering with a trusted background check provider, employers can access the accurate information they need to make informed hiring decisions while complying with all applicable state and federal laws.

Put the Power of Background Checks in Your Hands

More informed hiring decisions can be yours when you partner with a trusted background check provider like Accuscreen Systems™.

Our comprehensive background check reports include criminal history information from state and federal databases, credit information (when allowed by law), sex offender registry searches, social security number traces, employment verifications, education verifications, professional reference checks, and drug tests (when allowed by law).

We understand the laws and regulations surrounding these checks in Louisiana; we ensure our clients know the legal requirements they must comply with before conducting pre-employment screenings.

We want to help employers make well-informed decisions regarding their potential hires. With our services, employers can trust that they stay compliant while ensuring their workplace is safe and secure.

At Accuscreen Systems™, we provide employers with the resources they need to make sound decisions when selecting new team members. Our easily accessible background check reports give employers peace of mind knowing that they have access to accurate information about each candidate’s past before making a final offer.