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Regular Session, 2014
HOUSE BILL NO. 505
BY REPRESENTATIVE DIXON
EMPLOYMENT: Provides limitation of liability for certain persons when an employee has
a criminal conviction
AN ACT1
To enact R.S. 23:291(E), relative to the disclosure of employment related information; to2
provide with respect to liability; to provide with respect to employers; to provide3
exceptions; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 23:291(E) is hereby enacted to read as follows:6
ยง291. Disclosure of employment related information; liability for hiring certain7
employees; presumptions; causes of action; definitions8
* * *9
E.(1) Any employer, general contractor, premises owner, or other third party10
shall not be subject to a cause of action for negligent hiring of or failing to11
adequately supervise an employee or independent contractor due to damages or12
injury caused by that employee or independent contractor solely because that13
employee or independent contractor has been previously convicted of a criminal14
offense.15
(2) The provisions of Paragraph (1) of this Subsection shall not apply to any16
of the following:17
(a) Acts of the employee arising out of the course and scope of his18
employment that give rise to damages or injury when the act is substantially related19
to the nature of the crime for which the employee was convicted and the employer,20 HLS 14RS-1053 ENGROSSED
HB NO. 505
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general contractor, premises owner, or other third party knew or should have known1
of the conviction.2
(b) Acts of an employee who has been previously convicted of any crime of3
violence as enumerated in R.S. 14:2(B) or any sex offense as enumerated in R.S.4
15:541.5
(3) Nothing in this Subsection shall be construed to prohibit or create a cause6
of action for negligent hiring or inadequate supervision in situations not covered by7
this Subsection.8
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 in certain instances 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 prohibits a cause of action from being brought against an employer, general
contractor, premises owner, or other third party for negligent hiring or failing to adequately
supervise an employee or independent contractor due to damages or injury caused by that
employee solely because that employee has been previously convicted of a criminal offense.
Provides that proposed law does not apply to the following:
(1)Acts committed by the employee arising out of the course and scope of his
employment when the act is substantially related to the nature of the crime for which HLS 14RS-1053 ENGROSSED
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the employee was convicted and the employer, general contractor, premises owner,
or other third party knew or should have known about the conviction.
(2)Acts of an employee who was convicted of a crime of violence as enumerated in R.S.
14:2(B) or a sex offense enumerated in R.S. 15:541.
Provides that proposed law shall not prohibit or create a cause of action for negligent
injuring or failing to adequately supervise in situations not covered by proposed law.
(Adds R.S. 23:291(E))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Civil Law and Procedure
to the original bill.
1. Prohibited a cause of action from being brought against an employer and other
similar parties for negligent hiring or failing to adequately supervise solely for
hiring an employee who has been convicted of a criminal offense if the employee
commits an act that causes injury or damage while employed.
2. Deleted reference to specific actions exempted from application of proposed law
and added language providing that proposed law shall not apply: (a) when the
act is substantially related to the crime for which the employee was convicted
and such persons knew or should have known of the conviction, or (b) when the
act was committed by someone convicted of a crime of violence or sex offense.