Louisiana House Bill HB266

Louisiana 2016 Regular Session

• Introduced: 3/1/16
• Refer: 3/1/16
• Refer: 3/14/16
• Report Pass: 4/20/16
• Engrossed: 4/27/16
• Refer: 4/28/16
• Report Pass: 5/4/16
• Enrolled: 5/26/16
• Chaptered: 6/8/16
• Passed: 6/8/16

Caption

Prohibits certain questions regarding criminal history during the employment process for certain positions

Impact

The legislation is expected to have significant implications on state employment practices and laws. By limiting when employers can ask about criminal backgrounds, HB266 seeks to ensure that candidates are judged primarily on their qualifications and abilities rather than past criminal actions. This could lead to increased employment opportunities for those with a criminal history, particularly in unclassified service positions while still allowing employers to consider criminal history in the final employment decision, but with a careful assessment of the nature of the crime and its relevance to the position sought.

Summary

House Bill 266, enacted in the Louisiana Legislature, addresses the consideration of criminal history in state employment. Specifically, the bill establishes that state employers cannot inquire about a candidate's criminal history on an initial application form. This inquiry is only permitted after the prospective employee has had an opportunity to interview or upon receiving a conditional offer of employment. The aim is to promote fair hiring practices and give individuals with criminal records a better chance to obtain state employment, thus reducing barriers to employment for this group.

Sentiment

The general sentiment around HB266 reflects a supportive stance from certain advocacy groups and lawmakers who see it as a necessary reform in employment practices. Supporters argue that this bill represents a step towards more equitable hiring practices and rehabilitation for individuals who have served their time. Conversely, there may be concerns from some lawmakers and constituents about public safety and whether those with certain criminal backgrounds should be eligible for state employment, particularly in sensitive roles.

Contention

Notable points of contention revolve around the balance between giving individuals a second chance and ensuring that the state maintains appropriate hiring standards for sensitive positions. Opponents may argue that there is a risk involved in hiring individuals with specific criminal histories for roles in state employment, even if they are not in law enforcement or corrections. The bill outlines exclusions for positions that require a criminal background check by law, highlighting the contentious nature of balancing public safety with employment equity.