EMPLOYMENT: Provides relative to employment discrimination based on criminal history records

HLS 26RS-896 ORIGINAL
2026 Regular Session
HOUSE BILL NO. 282
BY REPRESENTATIVE MARCELLE
EMPLOYMENT: Provides relative to employment discrimination based on criminal history
records
1 AN ACT
2 To enact R.S. 23:291.2(B)(4) through (6) and (D), relative to employment discrimination
3 based on criminal history records; to provide additional factors to consider in making
4 a hiring decision in conjunction with criminal history records; to provide for
5 enforcement; to provide for relief and penalties; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 23:291.2(B)(4) through (6) and (D) are hereby enacted to read as
8 follows:
9 §291.2. Criminal history; hiring decisions
10 * * *
11 B. When considering other types of criminal history records, an employer
12 shall make an individual assessment of whether an applicant's criminal history record
13 has a direct and adverse relationship with the specific duties of the job that may
14 justify denying the applicant the position. When making this assessment, an
15 employer shall consider all of the following:
16 * * *
17 (4) Any evidence of rehabilitation mitigation, including but not limited to
18 completion of educational or vocational training, employment history, or
19 participation in rehabilitative programs.
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HLS 26RS-896 ORIGINAL
HB NO. 282
1 (5) Whether the applicant was a juvenile at the time of the offense or
2 conduct.
3 (6) Whether a direct nexus exists between the job duties sought and the
4 nature of the offense or conduct.
5 * * *
6 D.(1) An applicant aggrieved by a violation of this Section may file a
7 complaint with the Louisiana Commission on Human Rights herein referred to as the
8 "commission".
9 (2) The commission shall investigate complaints, conduct hearings, and issue
10 findings of fact and determinations of compliance or noncompliance.
11 (3) If the commission determines that a violation has occurred, it shall order
12 appropriate relief in any of the following ways, including but not limited to:
13 (a) A cease and desist order.
14 (b) A corrective action related to the hiring process.
15 (c) A civil penalty not to exceed one thousand dollars per each violation.
16 (d) Any other relief authorized by law.
17 (4) Nothing in this Section shall be construed to create a private cause of
18 action.
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)]
HB 282 Original 2026 Regular Session Marcelle
Abstract: Provides relative to employment discrimination based on criminal history
records.
Present law prohibits an employer, when making a hiring decision, from requesting or
considering an arrest record or charge that did not result in a conviction, if that information
was received in the course of a background check.
Proposed law retains present law.
Present law requires an employer, when considering other types of criminal history records,
to make an individual assessment of whether an applicant's criminal history record has a
direct and adverse relationship with the specific duties of the job that may justify denying
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HLS 26RS-896 ORIGINAL
HB NO. 282
the applicant the position. Present law further requires an employer to consider all of the
following when making this assessment:
(1) The nature and gravity of the offense or conduct.
(2) The time that has elapsed since the offense, conduct, or conviction.
(3) The nature of the job sought.
Proposed law adds the following criteria that an employer shall consider when making the
assessment:
(1) Any evidence of rehabilitation mitigation, including but not limited to
completion of educational or vocational training, employment history, or
participation in rehabilitative programs.
(2) Whether the applicant was a juvenile at the time of the offense or conduct.
(3) Whether a direct nexus exists between the job duties sought and the nature
of the prior offense or conduct.
Present law requires an employer, upon the applicant's written request, to make available to
the applicant any background check information used during the hiring process.
Proposed law retains present law.
Proposed law allows an applicant aggrieved by a violation of present law and proposed law
to file a complaint with the La. Commission on Human Rights.
Proposed law requires the commission to investigate complaints, conduct hearings, and issue
findings of fact and determinations of compliance or noncompliance.
Proposed law requires the commission to order appropriate relief in any of the following
ways if it determines that a violation has occurred:
(1) A cease and desist order.
(2) A corrective action relating to the hiring process.
(3) A civil penalty not to exceed $1,000 per each violation.
(4) Any other relief authorized by law.
Proposed law provides that nothing in present law and proposed law shall be construed to
create a private cause of action.
(Adds R.S. 23:291.2(B)(4)-(6) and (D))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.