A BILL TO BE ENTITLED
AN ACT providing to employers immunity against claims asserted by persons dismissed from employment due to the person's lying to the employer in a sworn statement about social security numbers or immigration status.
The General Assembly of North Carolina enacts:
SECTION 1.  Chapter 1 of the General Statues is amended by adding a new Article to read:
"Article 43F.
"Other Immunity.
"§ 1‑539.27.  Employer immunity in dismissal of employee for lying to employer about social security numbers or immigration status.(a)	The following definitions apply in this section:
(1)	Employee. – Any person who provides services or labor for an employer in this State in exchange for remuneration. The term does not include independent contractors.
(2)	Employer. – Any person employing an employee.
(3)	Federal work authorization program. – Any of the electronic verification of work authorization programs operated (i) by the U.S. Department of Homeland Security (Homeland Security) or any such equivalent program operated by Homeland Security to verify information of newly hired employees pursuant to the Immigration Reform and Control Act of 1986, Public Law 99‑603 or (ii) pursuant to the federal E‑Verify program described in section 401(b) of the Illegal Immigration Reform and Immigration Responsibility Act of 1996 (8 U.S.C. § 1324a note). 
(4)	Social security number verification service. – The program administered by the Social Security Administration to verify the social security numbers of workers, or any of its successor programs.
(b)	An employer who in good faith dismisses an employee from employment because the employee lied to the employer in a sworn statement given in connection with the employee's contesting a tentative nonconformation from a federal work authorization program or social security number verification service is immune from civil liability and is not liable in civil damages, personally or otherwise, to the former employee for any damages arising out of the dismissal. This immunity shall not apply if the employer acted in bad faith.
(c)	Immunity pursuant to this section is in addition to any other protections or rights of the employer under the law."
SECTION 2.  This act becomes effective October 1, 2009, and applies to acts or omissions occurring on or after that date.