‘Ban the box’ bill advances to full Louisiana House of Representatives

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The Louisiana arm of the National Federation of Independent Business has come out against a bipartisan bill that would prevent state employers from asking job applicants about their criminal histories until after interviews.

House Bill 266 by Rep. C. Denise Marcelle, D-Baton Rouge, passed the House and Governmental Affairs Committee today with a 9-1 vote, The Associated Press reports. The measure will advance to the full House for debate.

Marcelle says her “ban the box” bill joins a national movement to employ former inmates. The proposal applies to the state’s politically appointed “unclassified” employees and not the rank-and-file “classified” state workers subject to Louisiana’s civil service system. The East Baton Rouge Parish Metro Council adopted a similar ordinance, also sponsored by Marcelle when she was a councilwoman, in November.

But NFIB/Louisiana says the bill, even though it specifically addresses state employees, presents a slippery slope for small business owners.

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“The people pushing this bill want to ban the box when it comes to the private sector, as well. That’s a bad idea, especially when it comes to small businesses,” says Dawn Starns, NFIB state director, in a statement. “Small businesses can’t afford to leave a position open while interviewing a candidate whose background would ultimately disqualify them.”

Marcelle says she has no intention of expanding the bill to private businesses.

The Associated Press reports lawmakers questioned whether the proposal would expose the state to liability and precede future restrictions on private businesses. Supporters say it merely promotes in-person conversations and would not prevent interviewers from asking about convictions and arrests or performing background checks.

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