6.1.2 Potential Legal Challenges

Laws on some occupations may explicitly exclude those with certain records, or agencies might unfairly use a general “morality” or “suitability” provision. Depending on the facts of your client’s case, the law or its use against your client may be subject to challenge. La. R.S. 37:2950(A) provides some relief by stating that disqualifications from any licensed (and non-exempt) occupation cannot be based solely on prior criminal record, except for a felony conviction “directly” related to the job. La. R.S. 23:291.2 sets some limits in hiring decisions, mandating that, unless otherwise provided by law, a prospective employer should not consider criminal history that does not end in conviction and, for convictions, make an individual assessment of the relationship between the specific job duties and the criminal record. These might help you find some relief. Occupational restrictions may also be subject to challenge on statutory or constitutional grounds. The Equal Employment Opportunity Commission has recognized that denial of employment solely on the basis of a criminal history has a disparate impact on African Americans and Latinos and may thus be actionable under Title VII of the Civil Rights Act of 1964.