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.
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))