HLS 14RS-1053 ORIGINAL
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are additions.
Regular Session, 2014
HOUSE BILL NO. 505
BY REPRESENTATIVE DIXON
EMPLOYMENT: Provides limitation of liability for employers of convicted offenders
AN ACT1
To enact R.S. 23:291(E) and (F), relative to the disclosure of employment related2
information; to provide with respect to liability; to provide with respect to3
employers; to provide protections; to provide exceptions; and to provide for related4
matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 23:291(E) and (F) are hereby enacted to read as follows:7
ยง291. Disclosure of employment related information; liability for hiring certain8
employees; presumptions; causes of action; definitions9
* * *10
E.(1) Any employer, general contractor, premises owner, or other third party11
shall be immune from civil liability solely for negligently hiring or failing to12
adequately supervise an employee or independent contractor who has been convicted13
of an offense. This immunity shall not extend to the hiring or supervision of14
offenders convicted of violent or sexual offenses, including offenses provided for in15
Part II, Subpart B of Part III, Subparts A, B(2), and (3) of Part V, and Subpart A(1)16
of Part VI of Chapter 1 of Title 14 of the Louisiana Revised Statutes of 1950.17
(2) In any cause of action brought for negligent hiring or inadequate18
supervision, the fact that the employee or independent contractor was convicted of19
a nonviolent, nonsexual offense shall not be introduced into evidence.20 HLS 14RS-1053 ORIGINAL
HB NO. 505
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(3) The protections provided to an employer, general contractor, premises1
owner, or third party pursuant to this Section do not apply in lawsuits concerning any2
of the following:3
(a) The misuse of funds or property of a person other than the employer,4
general contractor, premises owner, or third party, by an employee or independent5
contractor, if, on the date the employee or independent contractor was hired, the6
employee or independent contractor had been convicted of a crime that includes7
fraud or the misuse of funds or property as an element of the offense and it was8
foreseeable that the position for which the employee or independent contractor was9
hired would involve discharging a fiduciary responsibility in the management of10
funds or property.11
(b) The misappropriation of funds by an employee or independent contractor,12
if the employee or independent contractor was hired as an attorney and, on the date13
the employee or independent contractor was hired, the employee or independent14
contractor had been convicted of a crime that includes fraud or the misuse of funds15
or property as an element of the offense.16
(c) An act of violence or an improper use of excessive force by an employee17
or independent contractor, if the employee or independent contractor was hired to18
serve as a law enforcement officer or security guard.19
F. Nothing in this Section shall be construed to imply that a cause of action20
exists for negligent hiring or inadequate supervision in situations not covered by this21
Section. Liability shall not be presumed unless expressly established by statute.22
Section 2. If any provision of this Act or the application thereof is held invalid, such23
invalidity shall not affect other provisions or applications of this Act which can be given24
effect without the invalid provisions or applications, and to this end the provisions of this25
Act are hereby declared severable.26 HLS 14RS-1053 ORIGINAL
HB NO. 505
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are additions.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Dixon HB No. 505
Abstract: Provides civil immunity for an employer who hires an employee who has been
convicted of certain offenses.
Present law provides immunity from civil liability for any employer who discloses
information to a prospective or current employer of a former employee's job performance
if the information provided is not provided in bad faith.
Present law provides immunity from civil liability for negligent hiring, negligent retention,
and other hiring-related causes of action for any employer who relies on information
disclosed by a former employer, unless further information, such as a criminal background
check, is required by law.
Present law provides definitions for "background check", "employer", "employee", "owner",
"prospective employer", "prospective employee", and "job performance".
Present law provides immunity from civil liability from suits for failure to hire, wrongful
termination, invasion of privacy, negligent hiring, or negligent retention for an employer
who conducts a background check of an employee or prospective employee after having
obtained written permission to do so by the employee or at the request of the owner or
operator of a facility at which the employee is employed.
Proposed law retains present law.
Proposed law provides immunity from civil liability for negligent hiring or failing to
adequately supervise for any employer, general contractor, premises owner, or other third
party who hires an employee or independent contractor who has been convicted of an
offense except offenses against the person, misappropriation with violence to the person,
offenses affecting sexual immorality, offenses affecting the health and morals of minors,
offenses affecting the health and safety of the infirm, and illegal carrying and discharge of
weapons.
Proposed law provides that if a suit is brought for negligent hiring or inadequate supervision,
the fact that the employee or independent contractor has been convicted of a nonviolent,
nonsexual offense shall not be introduced into evidence.
Proposed law provides exceptions to civil liability. Protections provided under proposed law
do not apply to:
(1)The misuse of funds if the employee or general contractor had been convicted of a
crime that includes fraud or the misuse of funds or property as an element of the
offense and it was foreseeable that the position for which he was hired would involve
the management of funds.
(2)The misuse of funds if the employee or general contractor had been hired as an
attorney and had been convicted of a crime that includes fraud or the misuse of funds
or property as an element of the offense.
(3)An act of violence or use of excessive force by the employee or independent
contractor if he was hired as a law enforcement officer or a security guard. HLS 14RS-1053 ORIGINAL
HB NO. 505
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Proposed law provides that proposed law shall not be interpreted as implying that a cause
of action exists for situations not covered by proposed law. Proposed law further provides
that liability shall not be presumed unless expressly established by statute.
(Adds R.S. 23:291(E) and (F))