Louisiana 2014 Regular Session

Louisiana House Bill HB485

Introduced
3/10/14  
Introduced
3/10/14  
Refer
3/10/14  

Caption

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

Impact

The enactment of HB 485 would markedly change the landscape of hiring practices within state agencies. By delaying inquiries into a candidate's criminal history, the bill promotes fair hiring processes and aligns with broader efforts to mitigate the stigma against individuals with criminal records. It empowers applicants, allowing them to showcase their skills and qualifications before being judged on past offenses. However, it maintains that state employers can consider criminal history when making final employment decisions, provided they evaluate the relevance of such history to the specific job responsibilities.

Summary

House Bill 485 aims to reform the employment process for state positions in Louisiana by regulating how state employers can inquire about the criminal history of prospective employees. Specifically, the bill prohibits state employers from asking about criminal history during the initial application stage. Instead, such inquiries can only be made after an interview opportunity has been presented or after a conditional offer of employment has been extended. This policy is intended to ensure that applicants have an equitable chance at employment and are not prematurely disqualified based solely on their criminal history.

Sentiment

Overall, the sentiment surrounding HB 485 appears largely supportive among advocates of criminal justice reform and civil rights groups. Proponents argue that it is a crucial step toward reducing discrimination against people with criminal records and enhancing employment opportunities for all individuals, regardless of their past. Conversely, some law enforcement and corrections representatives express concerns about the potential risks associated with not conducting immediate background checks, fearing that it could hinder the recruitment of individuals who might pose safety risks in sensitive positions.

Contention

The primary contention regarding HB 485 centers around the balance between providing second chances to individuals with criminal records and ensuring the safety and security of state agency operations. Critics are worried that easing restrictions on inquiries might lead to hiring decisions that overlook important safety considerations. Additionally, there are debates regarding which roles should ultimately be exempt from these requirements, particularly those in law enforcement and corrections, where immediate access to a comprehensive background check is essential to maintaining security and integrity.

Companion Bills

No companion bills found.

Previously Filed As

LA HB266

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

LA HB122

Prohibits questions regarding criminal history on an initial application for admission to a public postsecondary education institution (OR NO IMPACT See Note)

LA HB849

Prohibits inquiries relating to an employee's criminal conviction history on job applications in certain municipalities

LA HB349

Provides with respect to inquiries about criminal background checks in certain public employment situations

LA HCR97

Commends the Dept. of State Civil Service for performing extensive research and beginning the process of removing questions about criminal history from its initial application for certain positions

LA SF2319

A bill for an act prohibiting employers and employment agencies from seeking the criminal record or criminal history from applicants for employment under certain circumstances, establishing a criminal history employment application task force, providing penalties, and including effective date provisions.

LA SF155

A bill for an act prohibiting employers and employment agencies from seeking the criminal record or criminal history from applicants for employment under certain circumstances, establishing a criminal history employment application task force, providing penalties, and including effective date provisions.

LA SF120

A bill for an act prohibiting employers and employment agencies from seeking the criminal record or criminal history from applicants for employment under certain circumstances, establishing a criminal history employment application task force, providing penalties, and including effective date provisions.

LA HB217

Creates the "Ban the Box for State Contracts Act" which prohibits certain contractors from inquiring about a job applicant's criminal history on a job application (OR NO IMPACT See Note)

LA HB265

Prohibits certain contractors from inquiring about a job applicant's criminal history on a job application (OR NO IMPACT See Note)

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