Employee Background Check Laws in Louisiana

The Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq., is the primary federal law regulating background checks in all states, including Louisiana. Under the FCRA, employers using third-party consumer reporting agencies to conduct background checks must obtain written consent from the applicant before the check is performed. The FCRA applies to all employers regardless of size when they use a third party to obtain a consumer report.

The law requires that background check companies maintain reasonable procedures to ensure accuracy and fair use of consumer information. Employers must provide applicants with adverse action notice before denying employment based on background check results. This notice must include a copy of the background report and notice of the applicant's rights under the FCRA, including the right to dispute inaccurate information with the background check company and to explain their side of the story to the employer. The EEOC enforces compliance with anti-discrimination provisions of the FCRA, ensuring that background checks are not used as a pretext for discriminatory hiring decisions. Remedies under the FCRA include actual damages, statutory damages of $100 to $1,000 per violation, punitive damages for willful violations, and attorney's fees.

Louisiana Revised Statutes § 23:291 specifically requires employers to obtain written consent from an applicant before obtaining a background report from a consumer reporting agency. This state law reinforces and implements federal FCRA requirements but does not create additional substantive protections beyond federal law.

Louisiana does not have a state-level ban-the-box law. Unlike states such as California and New York that prohibit employers from inquiring about criminal history until late stages of the hiring process or at conditional offer stage, Louisiana employers may ask about criminal history at any point during the application or interview process. This is a weaker position for applicants compared to ban-the-box jurisdictions.

The state law applies to all employers in Louisiana who use a third-party consumer reporting agency to obtain background information. Employers who conduct background checks using their own resources without involving a third party are not subject to Louisiana Revised Statutes § 23:291, though they remain subject to general state and federal non-discrimination laws.

Louisiana does not provide state-specific criminal record expungement protections in background check context beyond what federal law provides. The state allows employers broad discretion to consider criminal history in hiring decisions, and there is no Louisiana-specific statute limiting how far back employers may look into an applicant's criminal history. Remedies under Louisiana law are limited to federal FCRA remedies, as Louisiana does not provide independent state law causes of action for background check violations.

Louisiana employers are not subject to background check consent requirements when conducting background checks in-house without using a third-party consumer reporting agency, though they must still comply with state and federal non-discrimination laws.

Certain employers are exempt from FCRA requirements entirely. Government agencies, court-ordered disclosures, and employers using background information for purposes unrelated to employment hiring (such as vendor screening) fall outside FCRA's scope. Federal law permits employers to consider sealed or expunged convictions in narrow circumstances, such as in hiring for sensitive positions involving children, disabled persons, or access to controlled substances.

Louisiana does not require employers to conduct individualized assessment of criminal convictions or their relevance to the job. Many states require employers to consider factors such as the nature and gravity of the offense, time elapsed since conviction, and job-related relevance, but Louisiana permits blanket criminal history exclusions. Employers can lawfully deny employment based solely on the existence of a conviction, even for minor or remote offenses.

Louisiana's lack of ban-the-box law means employers may ask about criminal history on the initial application form, during interviews, or at any stage. This differs from jurisdictions with ban-the-box protections. Additionally, Louisiana permits consideration of arrests that did not result in conviction, though the EEOC has taken positions suggesting this practice may constitute disparate impact discrimination under Title VII when applied in a racially disparate manner.

Step 1: Document and Preserve Evidence. From the initial job application, retain copies of all job postings, application forms, and interview notes. Keep records of any background check requests, consent forms signed by the applicant, and all communications from the background check company. If you received a background report and were denied employment, obtain and save a copy of the actual report showing what information was reported. Take screenshots of any online application systems and note the date and time of your application. Photograph or preserve any written materials related to your application and the hiring process.

Step 2: Internal Complaint and Communication. Review the employer's employee handbook or applicant materials for an internal complaint procedure. If you were denied employment, request a detailed written explanation from the employer within 14 days of the denial. Under the FCRA, employers must provide adverse action notice that includes the name, address, and phone number of the background check company used, notification of your right to dispute inaccurate information, and a statement that the employer's decision was based on information in the consumer report. If the employer did not provide this notice, document this omission in writing.

Step 3: File a Dispute with the Background Check Company. Within 30 days of receiving the background report (or learning of its contents), contact the background check company in writing to dispute any inaccurate information. Use certified mail with return receipt to create a paper trail. The background check company must investigate your dispute within 30 days and provide results in writing. If the company fails to respond or maintains inaccurate information, document this non-compliance. Simultaneously, send a written dispute letter to the employer explaining why the background information is inaccurate and requesting reconsideration for employment. Keep copies of all correspondence.

Step 4: Understand Investigation Timeline and Process. The background check company will typically respond to disputes within 30 days, though complex investigations may take longer. During this period, the background check company must contact sources of the information (such as courts or agencies) to verify accuracy. You have the right to receive a follow-up copy of the corrected background report. The employer is not required to wait for dispute resolution before making final hiring decisions, but if the report is later corrected and the information was inaccurate, you may have grounds for legal action. Track all communication and maintain a timeline of events.

Step 5: Consult an Employment Attorney. If the background check dispute is not resolved favorably within 60 days, or if you believe you were denied employment due to inaccurate background information, discriminatory application of the background check (such as selective checking of applicants of a particular race), or failure to obtain proper consent, contact an employment attorney licensed in Louisiana. A background check attorney can evaluate whether the employer violated the FCRA by failing to provide proper notice, failed to obtain written consent, or used background information in a discriminatory manner. File an FCRA private lawsuit in federal or Louisiana state court seeking actual damages (lost wages and emotional distress), statutory damages of $100 to $1,000, punitive damages, and attorney's fees. The statute of limitations is typically 3-5 years depending on characterization as contract or tort claim.