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Regular Session, 2014
HOUSE BILL NO. 505
BY REPRESENTATIVES DIXON, WESLEY BISHOP, BURRELL, COX, FOIL,
GAINES, HARRIS, HOWARD, HUNTER, KATRINA JACKSON, JEFFERSON,
MORENO, NORTON, PRICE, THIBAUT, PATRICK WILLIAMS, AND
WOODRUFF
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 HLS 14RS-1053 REENGROSSED
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(a) Acts of the employee arising out of the course and scope of his1
employment that give rise to damages or injury when the act is substantially related2
to the nature of the crime for which the employee was convicted and the employer,3
general contractor, premises owner, or other third party knew or should have known4
of the conviction.5
(b) Acts of an employee who has been previously convicted of any crime of6
violence as enumerated in R.S. 14:2(B) or any sex offense as enumerated in R.S.7
15:541 and the employer, general contractor, premises owner, or other third party8
knew or should have known of the conviction.9
(3) Nothing in this Subsection shall be construed to prohibit or create a cause10
of action for negligent hiring or inadequate supervision in situations not covered by11
this Subsection. Furthermore, nothing in this Subsection shall be construed to12
supplant the immunity from civil liability provided for in R.S. 23:1032.13
(4) Nothing in this Subsection shall affect the employer's vicarious liability14
pursuant to Civil Code Article 2320.15
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". HLS 14RS-1053 REENGROSSED
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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
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 and the employer, general
contractor, premises owner, or other third party knew or should have known about
the conviction.
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.
Further provides that proposed law shall not be construed to supplant the immunity from
civil liability provided for in R.S. 23:1032.
Present law (R.S. 23:1032) provides relative to worker's compensation laws.
Proposed law provides that an employer's vicarious liability pursuant to C.C. Art. 2320 shall
not be affected 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.
House Floor Amendments to the engrossed bill.
1. Specified that an employer, or other similar party, is exempted from application
of proposed law when the act was committed by someone convicted of a crime HLS 14RS-1053 REENGROSSED
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of violence or sex offense and the employer, or other similar party, knew or
should have known of the conviction.
2. Specified that an employer's vicarious liability pursuant to C.C. Art. 2320 is not
affected by proposed law.
3. Specified that proposed law shall not affect an employer's immunity under
worker's compensation laws.