Authorizes a home- and community-based services provider to recoup the cost of a preemployment background check
The bill effectively alters the existing legal framework surrounding employer responsibilities related to preemployment checks. By allowing home- and community-based services providers to pass these costs onto applicants, it may create a barriers to employment for some candidates, particularly those who may not have the upfront funds to cover such expenses. However, the reimbursement provision is intended to alleviate some concerns by ensuring that hired employees are not left bearing the costs in the long term, provided they maintain their position for the required duration.
House Bill 245 (HB245) proposes a significant change to the hiring process for home- and community-based services providers in Louisiana by authorizing these providers to require applicants to pay for their preemployment criminal history and security checks. Traditionally, Louisiana law prohibits employers from charging applicants for such checks, but this bill creates an exception specifically for these types of providers. If an applicant is charged for the background check and is subsequently hired, the provider is mandated to reimburse the applicant if they remain employed for a minimum period of three months.
The sentiment toward HB245 reflects a mix of support and concern. Proponents argue that allowing providers to recoup these costs will foster a more thorough vetting process for individuals employed in sensitive roles within home care, enhancing safety and compliance. Meanwhile, critics highlight the potential unfairness of imposing these costs on applicants, suggesting that it may dissuade individuals from pursuing careers in these essential services, particularly those from lower-income backgrounds. The debate centers around the balance between employers' interests in thorough background checks and the accessibility of employment for job seekers.
Notable points of contention include concerns regarding the potential for discrimination against less affluent applicants who might not be able to afford the initial cost of the background check. Furthermore, questions around the adequacy and fairness of the reimbursement condition have been raised, including whether three months is a sufficient duration to justify the upfront cost to applicants. The bill's passage may signal a shift in how employment laws are structured concerning public and private employers in the state, depending on future legislative trends.