ENROLLED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
ACT No. 335
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
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
general contractor, premises owner, or other third party knew or should have known21
of the conviction.22 ENROLLEDHB NO. 505
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(b) Acts of an employee who has been previously convicted of any crime of1
violence as enumerated in R.S. 14:2(B) or any sex offense as enumerated in R.S.2
15:541 and the employer, general contractor, premises owner, or other third party3
knew or should have known of the conviction.4
(3) Nothing in this Subsection shall be construed to prohibit or create a cause5
of action for negligent hiring or inadequate supervision in situations not covered by6
this Subsection. Furthermore, nothing in this Subsection shall be construed to7
supplant the immunity from civil liability provided for in R.S. 23:1032.8
(4) Nothing in this Subsection shall affect the employer's vicarious liability9
pursuant to Civil Code Article 2320.10
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: