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Summary of differences between federal and state regulations
Arrest & conviction record inquiries
Applies to classified and unclassified state positions. HB 266 and Civil Service Rule 22.4.1.
House Bill 266, effective August 1, 2016, prohibits state employers from inquiring about an applicant’s criminal history until after an initial interview for positions considered “unclassified.” If there is no interview, employers may not inquire until after a conditional offer has been made.
Civil Service Rule 22.4.1 prohibits state employers from inquiring about a prospective employee’s felony criminal history on an initial application form for a position designated “classified.” Inquiries may occur during the candidate’s interview or after a conditional offer of employment.
State
Contacts
Employer immunity from disclosure claims
Louisiana Workforce Commission
Arrest record inquiries
Louisiana Commission on Human Rights
Conviction record inquiries
Louisiana Commission on Human Rights
Regulations
Employer immunity from disclosure claims
Louisiana Revised Statute 23:291, Disclosure of employment related information; presumptions; causes of action; definitions
Louisiana Revised Statute 23:963, Purchase of merchandise from particular seller; coercion prohibited; penalty
Arrest record inquiries
None.
Conviction record inquiries
Louisiana Revised Statute 37:2950, Felony convictions’ effect on trade, occupational and professional licensing
Federal
Contacts
Employer immunity from disclosure claims
None.
Arrest record inquiries
Equal Employment Opportunity Commission (EEOC)
Conviction record inquiries
Equal Employment Opportunity Commission (EEOC)
Regulations
Employer immunity from disclosure claims
None.
Arrest record inquiries
None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.
Conviction record inquiries
None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.