HLS 14RS-488 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 813
BY REPRESENTATIVE HUNTER
EMPLOYMENT: Prohibits inquiries relating to an employee's criminal convictions on job
applications
AN ACT1
To enact Part VIII of Chapter 3-A of Title 23 of the Louisiana Revised Statutes of 1950, to2
be comprised of R.S. 23:371 and 372, relative to employment discrimination; to3
prohibit inquiries relating to a potential employee's arrest history on job applications;4
to provide for enforcement; to provide penalties; to provide exceptions; and to5
provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Part VIII of Chapter 3-A of Title 23 of the Louisiana Revised Statutes of8
1950, comprised of R.S. 23:371 and 372, is hereby enacted to read as follows:9
PART VIII. CRIMINAL HISTORY10
§371. Prohibition of inquiry of arrest records on job applications; exceptions11
A. No employer shall inquire about an applicant's criminal history on a job12
application form if state or federal law does not require a criminal background check13
for the position for which the applicant is applying.14
B. An employer may inquire about an applicant's criminal history at a15
personal face-to-face interview or video interview conducted subsequent to16
completion of the job application form or after the applicant has been given a17
conditional offer of employment.18
C. Before disqualifying an applicant because of his criminal history, an19
employer shall consider the following:20 HLS 14RS-488 ORIGINAL
HB NO. 813
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are additions.
(1) The specific duties and responsibilities of the position sought.1
(2) The bearing, if any, that an applicant's criminal background will have on2
his ability to perform the role.3
(3) The time that has elapsed since the occurrence of the criminal offense.4
(4) The age of the applicant at the time of the criminal offense.5
(5) The frequency and seriousness of the criminal offense or offenses.6
(6) The applicant's rehabilitation.7
(7) The public benefits of employing a person with a criminal record to8
prevent recidivism.9
D. If an employer considers all of the factors listed in Subsection C of this10
Section and finds that the applicant's criminal history bears a rational relationship to11
the position available, the employer may withdraw the offer if one had been12
extended.13
E. The provisions of this Section shall not apply to employers who are14
required by law to conduct a criminal history background check or consider criminal15
history in the hiring process.16
§372. Enforcement; penalties17
A. The Louisiana Workforce Commission shall enforce the provisions of this18
Part, and may promulgate any rules and regulations necessary in the implementation19
of this Part pursuant to the Administrative Procedure Act, R.S. 49:950 et seq.20
B.(1) Employers with ten or fewer employees shall pay a fine of one hundred21
dollars per violation.22
(2) Employers with more than ten employees shall pay a fine of two hundred23
dollars per violation.24 HLS 14RS-488 ORIGINAL
HB NO. 813
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are additions.
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)]
Hunter HB No. 813
Abstract: Prohibits a potential employer from inquiring about criminal history on a job
application.
Proposed law prohibits an employer from inquiring about an applicant's criminal history on
a job application if state or federal law does not require a criminal background check for the
position for which the applicant is applying.
Proposed law permits the employer to inquire about an applicant's criminal history in a
personal face-to-face interview or video interview conducted subsequent to completion of
the job application or after the applicant has been given a conditional offer of employment.
Proposed law provides a list of factors for an employer to consider when weighing whether
he should hire the applicant regardless of the applicant's criminal history.
Proposed law provides that an offer may be withdrawn if the conviction bears a rational
relationship to the duties and responsibilities of the position for which the applicant is being
considered.
Proposed law provides exceptions for employers who are otherwise required by law to
conduct criminal background checks on prospective employees.
Proposed law provides that the La. Workforce Commission (LWC) will enforce proposed
law. Authorizes LWC to promulgate any necessary rules.
Proposed law provides that employers with 10 or fewer employees shall pay a fine of $100
per violation and that employers with more than 10 employees shall pay a fine of $200 per
violation.
(Adds R.S. 23:371 and 372)