A bill that opponents contend would lead to costly legal actions against small business managers who ask about a job applicant’s medical history has passed the Louisiana Senate but seems to be bogging down in the House.
Senate Bill 92, authored by Sen. Stewart Cathey (R-Monroe), passed the Senate May 9 on a vote of 23-12. But the bill has not advanced since a House Labor Committee hearing last week.
“We thought the hearing went as expected,” Dawn Starns McVea, senior state director with the National Federation of Independent Business, said in an email to the Louisiana Record. “The author was willing to work on amendments but didn’t bring it back for a hearing (Thursday) in House Labor. We hope that could mean that the bill is dead for the session.”
Prior to testifying at last week’s hearing, McVea criticized the legislation as an attempt by government to worm its way into the process small businesses used to make new hires.
“We believe that an employer’s hands should not be tied when it comes to asking relevant questions during the hiring process,” she said in a prepared statement. “We see barring questions about a candidate’s medical history the same as prohibiting an employer’s freedom to ask about an applicant’s pay history.”
McVea expressed concern that the text of the bill could lead to a new private cause of action against small business owners.
“Small businesses are struggling to fill positions right now,” she said. “They don’t need additional hurdles when it comes to screening candidates or the cost and distraction of defending themselves against the unnecessary legal actions that are sure to arise from the overly broad, vaguely worded bill.”
An analysis of the bill by the state Legislature’s staff notes that current law protects people from employment discrimination on the basis of genetic information and that this protection applies to employers, labor groups and employment agencies. SB 92 would provide the same protection against discrimination in the workplace on the basis of medical information.