Filter By Service Area
Filter By Title
Filter By Office

Resources

Be Careful When Conducting Pre-Hire Criminal Background Checks

Most employers are at least vaguely aware that there are some limitations on their ability to conduct pre-hire checks of an applicant’s criminal history. The two primary limitations are the federal Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq. and Louisiana statute LSA-R.S. 23:291.2.

FCRA: The FCRA does not say when an employer may or may not require a criminal background report; it simply places some requirements on what an employer must do when requesting and using such a report. Among other things, the FCRA requires employers who request criminal background checks (“consumer reports”) to provide applicants with a Summary of Rights form published by the Consumer Financial Protection Bureau (CFPB) along with the FCRA-required pre-adverse action notices required by 15 U.S.C. § 1681b(b)(3)(A)(ii).

The CFPB recently issued an updated Summary of Rights form. Employers must start using this new form no later than March 20, 2024. The CFPB has modified the new form a couple of times since publishing it, so it would be prudent for employers to wait until 2024 to download the new form.

LSA-R.S.23:291.2: Unlike the FCRA, this Louisiana statute does limit when an employer may request and use an applicant’s arrest records.

A. Unless otherwise provided by law, when making a hiring decision, an employer shall not request or consider an arrest record or charge that did not result in a conviction, if such information is received in the course of a background check.

LSA-R.S. 291 D(2) defines “background check” as:

(2) The term "background check" shall mean research by any lawful means, including electronic means, into the background of a "prospective employee" or "employee" as defined in Section C of this Subsection, including research into state or federal criminal history repositories, social security status or verification, and research conducted pursuant to the U.S.A. Patriot Act, 31 U.S.C. §5318l, regarding politically exposed persons, including known or suspected terrorists, money launderers, drug kingpins, and persons debarred from conducting business with the United States government, as well as any permissible purposes under the Fair Credit Reporting Act, 15 U.S.C. §1681.

Subsection C of the statute defines “employee” as: "Employee" means any person, paid or unpaid, in the service of an employer.” Not too helpful…..

So, employers should double check to ensure that they are complying with both the FCRA and Louisiana law when contemplating conducting a criminal background check as part of the hiring process. 

Be Careful When Conducting Pre-Hire Criminal Background Checks

Most employers are at least vaguely aware that there are some limitations on their ability to conduct pre-hire checks of an applicant’s criminal history. The two primary limitations are the federal Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq. and Louisiana statute LSA-R.S. 23:291.2.

FCRA: The FCRA does not say when an employer may or may not require a criminal background report; it simply places some requirements on what an employer must do when requesting and using such a report. Among other things, the FCRA requires employers who request criminal background checks (“consumer reports”) to provide applicants with a Summary of Rights form published by the Consumer Financial Protection Bureau (CFPB) along with the FCRA-required pre-adverse action notices required by 15 U.S.C. § 1681b(b)(3)(A)(ii).

The CFPB recently issued an updated Summary of Rights form. Employers must start using this new form no later than March 20, 2024. The CFPB has modified the new form a couple of times since publishing it, so it would be prudent for employers to wait until 2024 to download the new form.

LSA-R.S.23:291.2: Unlike the FCRA, this Louisiana statute does limit when an employer may request and use an applicant’s arrest records.

A. Unless otherwise provided by law, when making a hiring decision, an employer shall not request or consider an arrest record or charge that did not result in a conviction, if such information is received in the course of a background check.

LSA-R.S. 291 D(2) defines “background check” as:

(2) The term "background check" shall mean research by any lawful means, including electronic means, into the background of a "prospective employee" or "employee" as defined in Section C of this Subsection, including research into state or federal criminal history repositories, social security status or verification, and research conducted pursuant to the U.S.A. Patriot Act, 31 U.S.C. §5318l, regarding politically exposed persons, including known or suspected terrorists, money launderers, drug kingpins, and persons debarred from conducting business with the United States government, as well as any permissible purposes under the Fair Credit Reporting Act, 15 U.S.C. §1681.

Subsection C of the statute defines “employee” as: "Employee" means any person, paid or unpaid, in the service of an employer.” Not too helpful…..

So, employers should double check to ensure that they are complying with both the FCRA and Louisiana law when contemplating conducting a criminal background check as part of the hiring process. 

Be Careful When Conducting Pre-Hire Criminal Background Checks

Most employers are at least vaguely aware that there are some limitations on their ability to conduct pre-hire checks of an applicant’s criminal history. The two primary limitations are the federal Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq. and Louisiana statute LSA-R.S. 23:291.2.

FCRA: The FCRA does not say when an employer may or may not require a criminal background report; it simply places some requirements on what an employer must do when requesting and using such a report. Among other things, the FCRA requires employers who request criminal background checks (“consumer reports”) to provide applicants with a Summary of Rights form published by the Consumer Financial Protection Bureau (CFPB) along with the FCRA-required pre-adverse action notices required by 15 U.S.C. § 1681b(b)(3)(A)(ii).

The CFPB recently issued an updated Summary of Rights form. Employers must start using this new form no later than March 20, 2024. The CFPB has modified the new form a couple of times since publishing it, so it would be prudent for employers to wait until 2024 to download the new form.

LSA-R.S.23:291.2: Unlike the FCRA, this Louisiana statute does limit when an employer may request and use an applicant’s arrest records.

A. Unless otherwise provided by law, when making a hiring decision, an employer shall not request or consider an arrest record or charge that did not result in a conviction, if such information is received in the course of a background check.

LSA-R.S. 291 D(2) defines “background check” as:

(2) The term "background check" shall mean research by any lawful means, including electronic means, into the background of a "prospective employee" or "employee" as defined in Section C of this Subsection, including research into state or federal criminal history repositories, social security status or verification, and research conducted pursuant to the U.S.A. Patriot Act, 31 U.S.C. §5318l, regarding politically exposed persons, including known or suspected terrorists, money launderers, drug kingpins, and persons debarred from conducting business with the United States government, as well as any permissible purposes under the Fair Credit Reporting Act, 15 U.S.C. §1681.

Subsection C of the statute defines “employee” as: "Employee" means any person, paid or unpaid, in the service of an employer.” Not too helpful…..

So, employers should double check to ensure that they are complying with both the FCRA and Louisiana law when contemplating conducting a criminal background check as part of the hiring process. 

Be Careful When Conducting Pre-Hire Criminal Background Checks

Most employers are at least vaguely aware that there are some limitations on their ability to conduct pre-hire checks of an applicant’s criminal history. The two primary limitations are the federal Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq. and Louisiana statute LSA-R.S. 23:291.2.

FCRA: The FCRA does not say when an employer may or may not require a criminal background report; it simply places some requirements on what an employer must do when requesting and using such a report. Among other things, the FCRA requires employers who request criminal background checks (“consumer reports”) to provide applicants with a Summary of Rights form published by the Consumer Financial Protection Bureau (CFPB) along with the FCRA-required pre-adverse action notices required by 15 U.S.C. § 1681b(b)(3)(A)(ii).

The CFPB recently issued an updated Summary of Rights form. Employers must start using this new form no later than March 20, 2024. The CFPB has modified the new form a couple of times since publishing it, so it would be prudent for employers to wait until 2024 to download the new form.

LSA-R.S.23:291.2: Unlike the FCRA, this Louisiana statute does limit when an employer may request and use an applicant’s arrest records.

A. Unless otherwise provided by law, when making a hiring decision, an employer shall not request or consider an arrest record or charge that did not result in a conviction, if such information is received in the course of a background check.

LSA-R.S. 291 D(2) defines “background check” as:

(2) The term "background check" shall mean research by any lawful means, including electronic means, into the background of a "prospective employee" or "employee" as defined in Section C of this Subsection, including research into state or federal criminal history repositories, social security status or verification, and research conducted pursuant to the U.S.A. Patriot Act, 31 U.S.C. §5318l, regarding politically exposed persons, including known or suspected terrorists, money launderers, drug kingpins, and persons debarred from conducting business with the United States government, as well as any permissible purposes under the Fair Credit Reporting Act, 15 U.S.C. §1681.

Subsection C of the statute defines “employee” as: "Employee" means any person, paid or unpaid, in the service of an employer.” Not too helpful…..

So, employers should double check to ensure that they are complying with both the FCRA and Louisiana law when contemplating conducting a criminal background check as part of the hiring process. 

Be Careful When Conducting Pre-Hire Criminal Background Checks

Most employers are at least vaguely aware that there are some limitations on their ability to conduct pre-hire checks of an applicant’s criminal history. The two primary limitations are the federal Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq. and Louisiana statute LSA-R.S. 23:291.2.

FCRA: The FCRA does not say when an employer may or may not require a criminal background report; it simply places some requirements on what an employer must do when requesting and using such a report. Among other things, the FCRA requires employers who request criminal background checks (“consumer reports”) to provide applicants with a Summary of Rights form published by the Consumer Financial Protection Bureau (CFPB) along with the FCRA-required pre-adverse action notices required by 15 U.S.C. § 1681b(b)(3)(A)(ii).

The CFPB recently issued an updated Summary of Rights form. Employers must start using this new form no later than March 20, 2024. The CFPB has modified the new form a couple of times since publishing it, so it would be prudent for employers to wait until 2024 to download the new form.

LSA-R.S.23:291.2: Unlike the FCRA, this Louisiana statute does limit when an employer may request and use an applicant’s arrest records.

A. Unless otherwise provided by law, when making a hiring decision, an employer shall not request or consider an arrest record or charge that did not result in a conviction, if such information is received in the course of a background check.

LSA-R.S. 291 D(2) defines “background check” as:

(2) The term "background check" shall mean research by any lawful means, including electronic means, into the background of a "prospective employee" or "employee" as defined in Section C of this Subsection, including research into state or federal criminal history repositories, social security status or verification, and research conducted pursuant to the U.S.A. Patriot Act, 31 U.S.C. §5318l, regarding politically exposed persons, including known or suspected terrorists, money launderers, drug kingpins, and persons debarred from conducting business with the United States government, as well as any permissible purposes under the Fair Credit Reporting Act, 15 U.S.C. §1681.

Subsection C of the statute defines “employee” as: "Employee" means any person, paid or unpaid, in the service of an employer.” Not too helpful…..

So, employers should double check to ensure that they are complying with both the FCRA and Louisiana law when contemplating conducting a criminal background check as part of the hiring process. 

Be Careful When Conducting Pre-Hire Criminal Background Checks

Most employers are at least vaguely aware that there are some limitations on their ability to conduct pre-hire checks of an applicant’s criminal history. The two primary limitations are the federal Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq. and Louisiana statute LSA-R.S. 23:291.2.

FCRA: The FCRA does not say when an employer may or may not require a criminal background report; it simply places some requirements on what an employer must do when requesting and using such a report. Among other things, the FCRA requires employers who request criminal background checks (“consumer reports”) to provide applicants with a Summary of Rights form published by the Consumer Financial Protection Bureau (CFPB) along with the FCRA-required pre-adverse action notices required by 15 U.S.C. § 1681b(b)(3)(A)(ii).

The CFPB recently issued an updated Summary of Rights form. Employers must start using this new form no later than March 20, 2024. The CFPB has modified the new form a couple of times since publishing it, so it would be prudent for employers to wait until 2024 to download the new form.

LSA-R.S.23:291.2: Unlike the FCRA, this Louisiana statute does limit when an employer may request and use an applicant’s arrest records.

A. Unless otherwise provided by law, when making a hiring decision, an employer shall not request or consider an arrest record or charge that did not result in a conviction, if such information is received in the course of a background check.

LSA-R.S. 291 D(2) defines “background check” as:

(2) The term "background check" shall mean research by any lawful means, including electronic means, into the background of a "prospective employee" or "employee" as defined in Section C of this Subsection, including research into state or federal criminal history repositories, social security status or verification, and research conducted pursuant to the U.S.A. Patriot Act, 31 U.S.C. §5318l, regarding politically exposed persons, including known or suspected terrorists, money launderers, drug kingpins, and persons debarred from conducting business with the United States government, as well as any permissible purposes under the Fair Credit Reporting Act, 15 U.S.C. §1681.

Subsection C of the statute defines “employee” as: "Employee" means any person, paid or unpaid, in the service of an employer.” Not too helpful…..

So, employers should double check to ensure that they are complying with both the FCRA and Louisiana law when contemplating conducting a criminal background check as part of the hiring process.