Louisiana 2014 2014 Regular Session

Louisiana House Bill HB813 Comm Sub / Analysis

                    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Proposed law provides that an offer may be withdrawn if the conviction bears a rational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)