Louisiana ban-the-box rules: R.S. 23:291.2, public jobs, New Orleans and Baton Rouge

Louisiana has no ban-the-box timing law for private employers, as of October 2026, but it limits what every employer may do with a record. Since August 1, 2021, R.S. 23:291.2 bars employers from requesting or considering arrests and charges that did not end in a conviction when they come from a background check, requires an individual assessment of each conviction against the job, and gives applicants the background information on written request. Public employers have timing rules: state unclassified jobs wait for an interview or conditional offer (R.S. 42:1701), and parishes and cities may not ask about arrests on the initial application (R.S. 42:1702). New Orleans and Baton Rouge extend fair chance rules to their contractors.

Does Louisiana have a ban-the-box law for private employers?

Not one that sets timing. We found no Louisiana statute that tells a private employer to wait until an interview or offer before asking about criminal history. What Louisiana has instead is a rule about use, which applies whatever the timing. A private employer may ask on the application under state law, but the answer it can act on is narrower than the question.

What does R.S. 23:291.2 require of every Louisiana employer?

The section was enacted by House Bill 707, Act 406 of 2021, signed June 16, 2021 and effective August 1, 2021. It has three parts:

1. Arrests and charges. "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."
2. Individual assessment. For other criminal history, the employer must assess whether the record has a direct and adverse relationship with the specific duties of the job that may justify denying the position, considering the nature and gravity of the offense or conduct, the time elapsed since it, and the nature of the job sought.
3. Copy on request. On written request, the employer must give the applicant any background check information used during the hiring process.

The section sets no employer size, notice, waiting period or penalty. The assessment it requires uses the same three considerations as the Green factors from the 1975 Eighth Circuit case, so a written record of that assessment serves both the state law and any federal challenge. More detail on reporting rules, expungement and the state's negligent hiring limits is in Louisiana background check laws.

When can Louisiana state agencies ask about criminal history?

R.S. 42:1701, from Act 398 of 2016 and amended by Act 392 of 2019, says a state employer filling a position may not ask about criminal history, including on the initial application, until the candidate has had an opportunity to interview, or, if there will be no interview, until the candidate has received a conditional offer. After that, the employer may consider criminal history in the final decision, including:

• "The nature and gravity of the criminal conduct";
• "The time that has passed since the occurrence of the criminal conduct"; and
• the specific duties and essential functions of the position and how the conduct bears on the candidate's ability to perform them.

The section applies to positions in the state unclassified service, except law enforcement and corrections positions and positions where a criminal background check is required by law. "State employer" means any department, office, division, agency, commission, board, committee or other organizational unit of the state.

What can Louisiana parishes and cities ask on an application?

R.S. 42:1702, added by Act 392 of 2019, says: "No political subdivision, when filling an employment position, may inquire on an initial application form about a prospective employee's arrest record." It "does not preclude a political subdivision from inquiring about convictions, pending felony criminal charges, or pleas of nolo contendere of a prospective employee on the initial application form," and it does not apply to positions where a criminal background check is required by law. Some cities go further for their own hiring, as below.

What does New Orleans require?

City jobs: Code section 2-13

New Orleans City Code 2-13, which the city calls "Ban the Box," covers classified and unclassified city positions:

• The hiring department interviews qualified people before requesting a criminal background check, and no application submitted before the interview may ask about criminal history. Every job announcement must say so.
• After interviews, it selects up to three applicants per position and sends a release form, asking them to disclose prior convictions and telling them they will receive a copy of any report.
• It may not consider arrests or charges without a conviction; sealed, dismissed or expunged convictions; misdemeanors where no jail sentence may be imposed; non-felony convictions from before age 18; or any felony without a "direct and specific nexus" to the job, judged in writing.
• The applicant gets an opportunity to respond, and the decision may be made after the response or after five business days. A decision not to hire someone with a felony conviction must be documented in writing.

Section 2-13(e) still mentions factors from the EEOC guidance numbered 915.002. The EEOC rescinded that guidance on October 28, 2026; the city's own listed factors, such as time since the offense, compliance with probation or parole and treatment completed, remain in its code.

City contractors and grantees: Code section 2-8(d)

Section 2-8(d) makes it unlawful for the city to sign a contract or cooperative endeavor agreement with, or award a grant to, an entity "that fails to indicate compliance with the hiring practices provided in section 2-13(a)—(f)" or to provide written reasons why deviating is necessary. The agreement must include a sworn statement of compliance, and no payment is made on a new or renewed agreement unless the recipient complies. It applies to agreements executed on or after March 1, 2019, and not to the police and fire departments, the Aviation Board, the Office of Homeland Security and Emergency Preparedness or the Youth Study Center.

What does Baton Rouge require of contractors?

Baton Rouge-East Baton Rouge Parish Code 1:951, Ordinance 18844 of May 10, 2023, says that as a condition of receiving a contract, cooperative endeavor agreement or grant, "a contractor shall not request, verbally or through written form, the disclosure of criminal history information regarding an applicant for a position related to work under" it "before the contractor extends an offer of employment." Criminal history includes arrests, convictions and pending charges. The chapter:

• applies to agreements executed or renewed on or after April 1, 2023;
• requires a sworn statement of compliance and withholds payment from a recipient that is not compliant;
• does not apply where considering criminal history before an offer is required by law; and
• excludes the police department, the city constable's office in its law enforcement role, the fire department, emergency medical services, the departments of human development services and juvenile services, and the airport authority.

We did not review Shreveport, Lafayette or other cities' codes for this page.

What federal rules still apply in Louisiana?

• Title VII. The EEOC's rescission of its 2012 guidance does not change Title VII or its disparate impact provision, 42 U.S.C. 2000e-2(k). A job-related review using the Green factors from the 1975 Eighth Circuit case (the nature and gravity of the offense, the time since it and the nature of the job) is still the safe practice, and in Louisiana R.S. 23:291.2 requires much the same.
• Federal contractors. The Fair Chance to Compete for Jobs Act, 41 U.S.C. 4714, bars contractors from requesting criminal history before a conditional offer for positions related to work under a federal contract, for contracts awarded under solicitations issued after its effective date, with exceptions.
• The FCRA. Reports from screening companies need a stand-alone disclosure, written authorization and the adverse action steps in the FCRA background check process. The pre-adverse action window is the natural time to complete the Louisiana individual assessment.

Louisiana criminal history rules at a glance

What should staffing agencies and recruiters do in Louisiana?

• Suppress non-conviction items. Ask your screening company to leave out arrests and charges without a conviction, or make sure the decision maker never sees them.
• Write the assessment. For each conviction relied on, note its gravity, the time elapsed and how it relates to the specific duties, and keep the background information ready for a written request. A fair chance hiring policy keeps this consistent.
• City contract work: if the client holds a New Orleans or Baton Rouge contract or grant, find out whether the role is related to that work before any criminal history question.
• The rest of the state's rules are on hiring employees in Louisiana and Louisiana staffing agency licensing.

Questions to settle with a Louisiana client at intake

• Is the client a state agency, a parish or city, a New Orleans or Baton Rouge contractor or grantee, a federal contractor, or a private employer?
• Does any law require a check or disqualify people with certain convictions for this job? Which law?
• Who carries out the individual assessment, and where is it recorded?
• Who answers an applicant's written request for the background information?
• Who orders the background check and sends the FCRA notices?

A script for Louisiana screens

Client asks you to screen out anyone "with an arrest": "Louisiana law doesn't let employers consider arrests or charges that didn't lead to a conviction once they come up in a background check. For convictions, the law asks for an individual look at the offense, the time since and the job."

Candidate volunteers a record: "Thanks for telling me. I don't screen on criminal history and won't note it. If there's a check, you can ask the employer in writing for the information they used."

New Orleans contract role: "The city expects its contractors to follow its fair chance hiring practices, interviews first and background later, or explain in writing why not. I'll leave this to your process after the interview."

A Louisiana checklist for recruiting desks

1. Keep arrests and charges without a conviction out of every hiring decision.
2. Document an individual assessment for each conviction you rely on.
3. Answer written requests for background information promptly.
4. For public and city contract roles, follow the timing rule that applies; keep criminal history out of recruiter screens everywhere.
5. Keep volunteered details out of notes and submittals; see what not to write in interview notes.
6. For the federal picture and scripts used in stricter states, see ban-the-box laws and interview questions.