Harvey, LA asked in Employment Law and Employment Discrimination for Louisiana

Q: Can a person be discriminated against during a job search for a two year old arrest with no charges?

1 Lawyer Answer
Charles Joseph Stiegler
Charles Joseph Stiegler
  • Employment Law Lawyer
  • New Orleans, LA
  • Licensed in Louisiana

A: Yes - a privately owned company in Louisiana may legally refuse to hire someone because of prior arrests, even if no charges were filed. Some states have "ban the box" laws limiting employees from considering applicants' criminal history and prior arrests. Louisiana is not one of them. The only exception is government jobs - a 2016 law makes it illegal for state agencies to consider prior criminal history (with some exceptions), and the same is true with New Orleans and Baton Rouge city jobs. But those rules do not apply to non-governmental employers.

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