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Dixon (HB 505) Act No. 335
Existing 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.
Existing 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.
Existing law provides definitions for "background check", "employer", "employee", "owner",
"prospective employer", "prospective employee", and "job performance".
Existing 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.
New law retains existing law.
New 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 new 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 new law shall not prohibit or create a cause of action for negligent injuring or
failing to adequately supervise in situations not covered by new law. Further provides that
new law shall not be construed to supplant the immunity from civil liability provided for in
R.S. 23:1032.
Existing law (R.S. 23:1032) provides relative to worker's compensation laws.
New law provides that an employer's vicarious liability pursuant to C.C. Art. 2320 shall not
be affected by new law.
Effective August 1, 2014.
(Adds R.S. 23:291(E))