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 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 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.