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Implicit bias occurs when individuals make judgments about people based on gender, race or other prohibited factors without even realizing they’re doing it.
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Members may download one copy of our sample forms and templates for your personal use within your organization. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organization’s culture, industry, and practices. Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRM’s permission. To request permission for specific items, click on the “reuse permissions” button on the page where you find the item.
Beginning Jan. 1, 2016, North Carolina employers will be able to recover monetary damages resulting from employees’ unauthorized access to and theft of their property.
The North Carolina Property Protection Act, House Bill 405, makes it illegal to apply for a job for any reason other than a “bona fide intent of seeking or holding employment.” It is illegal under the act to make audio or video recordings, take photographs, or remove data, paper, records, or other material from any area that is not open to the public.
The act is broadly written to provide protection to all property owners. In addition, the act provides civil remedies to injured parties, including recovery of compensatory damages, attorneys’ fees, and exemplary damages of $5,000 for every day that the law was violated, rather than criminal penalties. Significantly, the act also makes parties who intentionally direct, assist, compensate, or induce others to violate the act jointly liable.
Businesses likely will be able to bring employment-related litigation, such as non-compete cases in which a former employee is suspected of taking valuable trade secrets, under the act. The joint liability provisions in the act makes it even more important that employers exercise due diligence when hiring new employees, particularly those who may have worked for a competitor. Employers should also be cautious of doing anything that could be construed to induce incoming employees to take property belonging to their former employer upon leaving.
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