Compliance Updates for Louisiana and New York- 24 Aug
Louisiana and New York made some legislative changes over the last few months regarding background checks. Let’s take a look at the laws Louisiana and New York have enacted to stay on top of these new regulations.
Louisiana Law Updates- June 2021
Louisiana enacted legislation to prohibit employment discrimination based on criminal history records. Employers now cannot request or consider an arrest record that did not result in a conviction, if the information was found during a background check. Employers are allowed to make assessments about an applicant’s criminal history if it has a direct relationship to the specific job duties. This assessment must consider:
- The nature and gravity of the offense
- The time that has elapsed since the offense
- The nature of the job
New York Law Updates- July 2021
The Legal Enforcement Guidance on the Fair Chance Act and Employment Discrimination on the Basis of Criminal History was updated by the New York City Commission on Human Rights to consider changes made to the Fair Chance Act. The amendments to New York City’s Fair Chance Act were effective starting July 29, 2021. These amendments add protections for individuals who have unsealed violations and unsealed non-criminal offenses. It also expands protections to cover current employees who face pending criminal charges.
After a conditional offer of employment has been made, employers may conduct criminal background investigations. If reviewing the criminal record makes you reconsider the offer of employment, three steps must be completed before withdrawing the offer.
- Evaluate the applicant under the Relevant Fair Chance Factors and share the evaluation with the applicant
- Give the applicant a copy of the background check or any other documents used to determine their criminal record
- Allow at least 5 business days for the applicant to respond
Staying on top of all these compliance changes can be time-consuming. Stay up to date with any compliance changes by using Total Reporting for all your background check needs.
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