House Bill No. by Representative Marcelle aims to address employment discrimination based on criminal history records by enacting new provisions under R.S. 23:291.2. The bill requires employers to conduct an individual assessment when considering an applicant's criminal history, specifically evaluating whether there is a direct and adverse relationship between the applicant's record and the job duties. New criteria for this assessment include evidence of rehabilitation, the applicant's age at the time of the offense, and the relevance of the offense to the job sought.
Additionally, the bill establishes a process for applicants who believe they have been wronged by a violation of these provisions to file complaints with the Louisiana Commission on Human Rights. The commission is tasked with investigating these complaints, conducting hearings, and determining compliance. If a violation is found, the commission can issue cease and desist orders, mandate corrective actions, and impose civil penalties up to $1,000 per violation. The bill clarifies that it does not create a private cause of action for individuals.