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Louisiana Background Check Laws

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Louisiana Drug Screen Compliance

Louisiana Employment Screening laws

Employers that are either located in Louisiana or hiring Louisiana residents must abide by the Federal FCRA, and applicable Louisiana state employment laws.

This page was created to provide a simple explanation of what an end-user of a background screening report (also known as consumer report) can use in order to be in compliance with Louisiana state laws. This page also contains steps an end-user must take to stay in compliance with Louisiana state laws.

Please keep in mind that the EEOC must always be taken into consideration when a hiring decision is to be made. The EEOC has provided guidance on how employers can use criminal records during the hiring process. This regulation was issued on April 25, 2012. The EEOC requires employers to individually review each applicant or employee that may be disqualified due to a criminal record. This also follows the regulations set forth by the Americans with Disabilities Act (ADA). Additionally, the EEOC wants to undertake an adverse action process similar to that of the FCRA. They want to add a pre-adverse action process of their own. Although employers already have an adverse action process that is specific to information contained in consumer reports, the EEOC's adverse action process may be different.

The information that is provided on this page does not discuss requirements under the EEOC nor does it explain how to use criminal records that fall under the regulation of the EEOC. It is suggested that compliance with the EEOC be discussed with legal counsel.

For more detailed information on Louisiana state laws, please consult your legal counsel.

Background Check Law Ban the Box Law Court Fee Court Cases

Employment Background Check Laws In Louisiana:

Louisiana Revised Statutes §23-897: Medical and other examinations, fingerprinting, requiring employee to pay for, prohibited; enforcement of provisions; civil and criminal penalties.

A. Except as provided in Subsection K of this Section and in R.S. 23:634(B), it is unlawful for any public or private employer to require any employee or applicant for employment to pay or to in any manner pass on to the applicant or to withhold from an employee’s pay the cost of fingerprinting, a medical examination, or a drug test, or the cost of furnishing any records available to the employer or required by the employer as a condition of employment.

B. Whoever violates this Section shall be fined not more than one hundred dollars or imprisoned for not more than ninety days, or both.

C.(1) Any person violating the provisions of this Section shall be subject, in addition to the criminal penalty provided in Subsection B of this Section, to a civil penalty of up to five hundred dollars.

(2) Reasonable litigation expenses may be awarded to the prevailing party of the adjudicatory hearing. “Reasonable litigation expenses” means any expenses, not exceeding seven thousand five hundred dollars, reasonably incurred in prosecuting, opposing, or contesting an agency action, including but not limited to attorney fees, stenographer fees, investigative fees and expenses, witness fees and expenses, and administrative costs.

D. For the purpose of imposing civil penalties provided in Subsection C of this Section, each incident where an employee or applicant for employment was required to bear the cost of fingerprinting, a medical examination, or a drug test, or the cost of furnishing records available to the employer and required by the employer shall be considered to be a separate offense.

E. Civil penalties for violation of this Section may be imposed by the office of workforce development only by a ruling of the executive director pursuant to an adjudicatory hearing held in accordance with the Administrative Procedure Act.

F. The executive director of the Louisiana Workforce Commission may institute civil proceedings in the Nineteenth Judicial District Court to enforce the commission’s rulings. The court shall award to the prevailing party reasonable attorney fees and judicial interest on such civil penalties from the date of judgment until paid and all court costs.

G. The executive director may institute civil proceedings in the Nineteenth Judicial District Court seeking injunctive relief to restrain and prevent violations of the provisions of this Section or of the rules and regulations adopted under the provisions of this Section. The court shall award reasonable attorney fees and court costs to the prevailing party.

H. In addition to the imposition and collection of civil penalties provided in Subsection C of this Section, the executive director is authorized to and shall collect from each employer for reimbursement to each employee or applicant for employment any amount of money charged to an employee or applicant for employment in violation of Subsection A of this Section.

I. The executive director is empowered to enforce the civil provisions of this Section and to adopt and promulgate such reasonable rules and regulations and to conduct such investigations as the executive director deems necessary to ensure enforcement of this Section.

J. Nothing in this Section shall be interpreted to prevent the collection of fees by a physician or other third party providing services to the employee or employer.

K. Notwithstanding any other provision of law, an employer shall have a right of reimbursement from an employee or an applicant who becomes an employee, provided the employee is compensated at a rate equivalent to not less than one dollar above the existing federal minimum wage and is not a part-time or seasonal employee as defined in R.S. 23:1021, for the costs of such employee’s or applicant’s preemployment medical examination or drug test if the employee terminates the employment relationship sooner than ninety working days after his first day of work or never reports to work, unless such termination is attributable to a substantial change made to the employment by the employer as applied in the Louisiana Employment Security Law.

L. Out of the civil penalties collected for violations of this Chapter, expenses incurred in enforcing the provisions of this Chapter may be paid by the commission.

M. An employer may withhold from the wages of an employee the costs of the preemployment medical examination, drug test, or both, provided that all of the provisions of R.S. 23:634(B) and Subsection K of this Section are met and further provided that the employee has signed a contract which fully explains the terms and conditions under which the employer’s right of reimbursement is established and authorizing the employer to withhold the cost of such preemployment medical examination, drug test, or both, if the employee resigns within ninety working days.

Ninja's summary

Employers are prohibited from requiring any applicant to pay for, and provide, any of their own examinations or records (medical, criminal history, fingerprinting, etc).

Update: Feb 2018

Fair Credit Reporting Act (FCRA):

The Fair Credit Reporting Act (FCRA) is a set of federal guidelines that helps regulate hiring practices. The FCRA was created to ensure privacy, accuracy, and fairness of consumer information. The FCRA accomplishes this by having a set standard for collecting, disseminating, and using consumer information.

Employers obtaining consumer reports for background screening purposes must follow specific procedures. For example, employers must disclose to the candidate what the background screening is, what information it includes, and how they intend to use it. They must obtain the written consent of the candidate before obtaining a background screening. They may not misuse the information contained in the background screening. There are also strict procedures an employer must follow should they decide not to hire a potential candidate based on the information in the background screening.

The purpose of the FCRA is to help protect employers, employees, and potential job candidates.

Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

No additional “Ban the Box” state or local laws to consider. Please keep in mind that laws are always changing, and we recommend that you seek legal counsel for the most up-to-date legal information.


Update: Feb 2018

Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

County: Court Fee:
Acadia $0.00
Allen $0.00
Ascension $0.00
Assumption $0.00
Avoyelles $0.00
Beauregard $0.00
Bienville $0.00
Bossier $0.00
Caddo $0.00
Calcasieu $0.00
Caldwell $0.00
Cameron $0.00
Catahoula $0.00
Claiborne $0.00
Concordia $0.00
De Soto $0.00
East Baton Rouge $0.00
East Carroll $0.00
East Feliciana $0.00
Evangeline $15.00
Franklin $0.00
Grant $0.00
Iberia $0.00
Iberville $0.00
Jackson $0.00
Jefferson $0.00
Jefferson Davis $0.00
La Salle $0.00
Lafayette $0.00
Lafourche $0.00
Lincoln $0.00
Livingston $0.00
Madison $0.00
Morehouse $0.00
Natchitoches $0.00
Orleans $10.00
Ouachita $0.00
Plaquemines $0.00
Pointe Coupee $0.00
Rapides $0.00
Red River $0.00
Richland $0.00
Sabine $0.00
Saint Bernard $0.00
Saint Charles $0.00
Saint Helena $0.00
Saint James $0.00
Saint John The Baptist $0.00
Saint Landry $0.00
Saint Martin $0.00
Saint Mary $0.00
Saint Tammany $0.00
Tangipahoa $0.00
Tensas $0.00
Terrebonne $0.00
Union $0.00
VERMILION $0.00
Vernon $0.00
Washington $0.00
Webster $0.00
West Baton Rouge $0.00
West Carroll $0.00
West Feliciana $0.00
Winn $0.00
KEY COURT DECISIONS
Court Case Issue Outcome Employer Limitation/ Action

Dennis v. Stine, LLC

Plaintiff alleges that Stine did not follow proper disclosure and authorization procedures, nor did they follow proper adverse action procedures.

Dismissed. Dennis was the lead plaintiff for this class action.

Employers must ensure that they adhere to strict procedures regarding disclosure and authorization and the adverse action process.

Panzer v. Swiftships, LLC et al.

Plaintiff claims he was not given proper notification nor a chance to correct the inaccuracies in his screening report. Plaintiff alleges he applied for a job at Swiftships and after an interview he was hired. When he showed up for his first day of work, Swiftships told him they were no longer interested in employing him, and given no explanation as to why. Plaintiff eventually received a letter stating it was due to information in a background screening report, information which was ultimately found to be incorrect.

Certified Class Action. Panzer is the lead plaintiff in this lawsuit against Swiftships for failing to provide the proper disclosure form as required by the FCRA to obtain his background check, as well as failing to provide him a copy of his background check and Summary of Rights before denying him employment.

Employers must ensure they follow strict procedures complying with the FCRA’s requirements for disclosure and authorization as well as adverse action.

TO PAGETOP