On Tuesday, April 15, New York City Mayor Bill de Blasio signed
a law to protect interns working in New York City from
discrimination, harassment and retaliation by their employers. This
new law takes effect on June 14.
The New York City Council introduced and passed the bill in March
2014 in response to a federal district court decision holding that
New York State and City laws did not protect unpaid interns from
sexual harassment, because they did not qualify as
"employees." See Wang. v. Phoenix Satellite
Television U.S., Inc., 2013 U.S. Dist. Lexis 143627.
Once the new law takes effect, all protections afforded to
employees under the New York City Human Rights Law
("NYCHRL") will also be afforded to interns.
Specifically, interns will now be protected against unlawful
discriminatory practices on the basis of their actual or perceived
age, race, creed, color, national origin, gender, disability,
marital status, partnership status, sexual orientation, alienage or
citizenship status, or status as a victim of domestic violence, sex
offenses or stalking. The new law also extends employers'
obligations to provide reasonable accommodations for disabilities
and religious observances to interns.
The new law defines "intern" as someone who performs work
for an employer on a temporary basis whose work:
(a) provides training or supplements training given in an
educational environment such that the employability of the
individual performing the work may be enhanced;
(b) provides experience for the benefit of the individual
performing the work; and
(c) is performed under the close supervision of existing staff.
A similar bill that would provide the same protections to unpaid
interns under the New York State Human Rights Law is currently
before the New York state legislature. The state bill was referred
to the New York Committee on Governmental Operations in January
2014 and is still several steps away from reaching Governor Andrew
Cuomo's desk.
With summer and its associated internships fast approaching,
employers should ensure, through conducting training and monitoring
workplace behavior, that interns receive the same protections as
employees or they will now face liability for any discriminatory
treatment under New York City law. As a reminder, employers may
also be liable under the federal Fair Labor Standards Act and/or
the New York Labor Law if they fail to pay at least minimum wage to
interns who do not qualify under the strict criteria for the
minimum wage and overtime exemptions that are applicable to interns
under those laws.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
