Arrest Record Discrimination Laws in Louisiana

Federal law does not expressly prohibit employers from considering arrest or conviction records. However, Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, prohibits discrimination on the basis of race, color, religion, sex, or national origin. The EEOC has interpreted this to mean that blanket policies excluding all individuals with criminal records, or applying such policies in a manner that has a disparate impact on a protected class (particularly African Americans and Hispanics), may violate Title VII. The EEOC Guidance on Criminal Records (updated 2012) establishes a "business necessity" framework: employers may consider criminal conduct if it is job-related and consistent with business necessity, taking into account factors such as the nature and gravity of the offense, time elapsed, and the nature of the job.

42 U.S.C. § 1981 also prohibits race-based discrimination in employment contracts and protections. For federal employees and contractors, 28 U.S.C. § 994(d) requires sentencing courts to consider rehabilitation when sentencing, which indirectly influences hiring policy guidance. The Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681, regulates background check companies and requires notice and dispute procedures when criminal records are used in hiring.

The EEOC enforces these provisions. Private employers with 15 or more employees are covered. Remedies include back pay, front pay, attorney fees, and compensatory damages for intentional discrimination.

Louisiana does not have a comprehensive state law prohibiting arrest or conviction discrimination for private employers. However, several state laws create important limits. La. R.S. 37:2950 applies to regulated professions (architects, engineers, contractors, and certain health professionals) and restricts licensing boards' and professional regulators' ability to deny licensure based solely on criminal history; boards must consider rehabilitation, time elapsed, and job relatedness. This statute does not directly apply to private employers but influences policy.

La. R.S. 14:863 governs record sealing and expungement. Once an arrest record is sealed or expunged, Louisiana law treats it as if the arrest never occurred, and applicants may legally answer "no" to questions about that arrest. Employers who inquire about sealed or expunged arrests or use such records in hiring decisions may face civil liability for violation of privacy or defamation. Public employees are subject to greater restrictions; government agencies must follow La. R.S. 37:2950 principles and cannot apply blanket bans on hiring individuals with records.

Louisiana has adopted the federal EEOC disparate impact framework through state case law and practice. The Louisiana Commission on Law Enforcement and Administration of Criminal Justice recommends employers consider offense nature, rehabilitation evidence, and job relevance. Private employers are not statutorily required to follow these guidelines but may face Title VII liability if policies have disparate racial impact.

Unlike California (which prohibits most conviction-related inquiries in hiring) or New York (which requires consideration of statutory factors), Louisiana places no affirmative duty on private employers to delay inquiries or consider rehabilitation factors. However, employers cannot ignore federal Title VII disparate impact liability. Remedies for violations of La. R.S. 14:863 (sealed records use) include tort damages; federal remedies under Title VII include backpay, compensatory damages, and attorney fees.

Several important exceptions and defenses limit protections against arrest-record discrimination in Louisiana. First, employers can disqualify applicants based on convictions (not mere arrests) if the conviction is job-related and business necessary, following the EEOC framework. For example, a conviction for theft may justify exclusion from positions involving cash handling. An arrest without conviction carries less weight but may still be considered if the underlying conduct is job-related.

Second, certain positions and industries have statutory or regulatory exemptions. Positions involving driving (commercial or passenger) allow consideration of traffic-related arrests and convictions. Security-sensitive positions with the federal government or federally regulated industries (banking, healthcare, nuclear) may have separate standards. Childcare, elder care, and education positions may consider certain sex offense or violence-related arrests despite general non-discrimination principles.

Third, sealed or expunged records are legally treated as if they never occurred; applicants may deny the arrest, and employers using such records face civil liability. However, employers are not required to search for sealed records and cannot be held liable for not discovering them unless they are revealed in a public database the employer routinely checks.

Fourth, the disparate impact doctrine has limits. Employers can apply facially neutral policies (such as excluding all felony convictions) if they can demonstrate business necessity. However, policies that exclude all arrests or convictions without regard to time, nature, or relevance are vulnerable to challenge.

Fifth, consent orders and settlement agreements between individual employers and the EEOC may impose specific burdens, but these are individual agreements, not statewide rules. Finally, at-will employment doctrine applies: Louisiana is an at-will state, meaning employers can terminate for any reason not prohibited by law. An arrest itself (if not sealed) is not a protected class, so termination following an arrest may be lawful unless it is a pretext for race discrimination or violates another protected category.

Step 1—Document Everything: Collect all written communications related to the hiring or employment decision that referenced your arrest. Save job postings, emails from recruiters, rejection letters, and any messages discussing your criminal history. Photograph or screenshot any online job applications showing arrest-related questions. Record dates when conversations about your arrest occurred and names of people involved. Keep copies of any background check reports used. If your arrest record was sealed or expunged, gather the court order proving sealing/expungement and any documentation showing you informed the employer of this fact.

Step 2—Attempt Internal Resolution (if applicable): If still employed, report the issue to your company's HR department in writing. Explain clearly that you were excluded from hiring or terminated based on arrest record consideration, and if applicable, that your record was sealed or expunged. Request a written response. Many employers have internal appeal or anti-discrimination policies. Submit a written complaint if the company has an employee complaint procedure. Document the date of your complaint and any response. This step creates an internal record and may prompt reconsideration. If the employer does not respond within a reasonable timeframe (typically 5–10 business days), proceed to external filing.

Step 3—File With the Correct Agency: Determine whether federal Title VII (disparate impact based on race) applies or whether you are asserting a state La. R.S. 14:863 violation (use of sealed records). For federal Title VII claims, file with the EEOC. Louisiana is a deferral state; you must file with the Louisiana Workforce Commission (LWC) Employment Discrimination Unit first, which automatically defers to the EEOC. File at: Louisiana Workforce Commission, Post Office Box 94094, Baton Rouge, LA 70804-9094, or online at www.lwcconnect.la.gov. Call (225) 342-3111 for guidance. File within 300 days of the discriminatory act (e.g., rejection or termination date). Provide: your name, contact information, employer name and address, date of adverse action, description of how arrest record was used, names of witnesses, and whether your record was sealed or expunged. For state-level sealed record violations (civil tort), consult an attorney, as Louisiana does not have a dedicated administrative process; you file directly in state court.

Step 4—Investigation and Process: The LWC/EEOC will send the employer a charge of discrimination notice. The employer has 10 days to respond. An EEOC investigator will contact you and the employer, requesting documents and statements. This process typically takes 2–6 months. The investigator will review the employer's hiring criteria, compare your qualifications to hired applicants, and assess whether the arrest-record policy had a disparate impact on a protected class. You may be asked to provide evidence of similar-situated applicants (people hired despite criminal histories or without arrest inquiries). If the EEOC finds cause, it will attempt conciliation. If unsuccessful, you may request a right-to-sue letter, allowing you to file a private lawsuit.

Step 5—Consult an Attorney and Determine Next Steps: If the employer's decision was based on your race, color, or national origin and arrest records were used disproportionately, consult an employment discrimination attorney who specializes in Title VII claims. Louisiana employment law attorneys can be found through the Louisiana State Bar Association (www.lsba.org) or through the National Employment Lawyers Association (www.nela.org). An attorney will evaluate whether a class action or individual suit is viable, assess potential damages, and represent you in negotiations or litigation. If your arrest record was sealed and the employer used it, an attorney can pursue a state civil tort claim for damages. Most employment attorneys work on contingency, meaning you pay no upfront fees.