In October 2013, District Judge Kevin Castel ruled that unpaid workers were ineligible to make claims of discrimination and harassment. Subsequent to Judge Castel’s decision, New York State Senator Liz Krueger introduced a bill that New York State Governor Andrew Cuomo signed into law this week. The Act makes it unlawful for employers to discriminate against interns, making this the fourth jurisdiction to pass such legislation.
The Act defines an intern as a person who performs work for an employer for the purpose of training. The new legislation makes it unlawful for employers to discriminate against an intern or intern applicant based on their membership of a multitude of categories as defined by the NYSHRL. It also bars employers from subjecting interns to any unwelcome verbal or physical conduct of a sexual nature. The Act protects interns who are pregnant as well, making it unlawful for employers to compel a pregnant intern to take a leave of absence.
According to this Forbes article, in an effort to protect employers, the text of the Act should not be interpreted as “creating an employment relationship between an employer and an intern.” This also addresses the issue that is currently making its way through the judicial system regarding interns and their entitlement to be paid wages like employees.
If you or someone you know thinks they have experienced employment discrimination, the team at Radford & Keebaugh can help. Contact us by phone at (678) 369-3609 or use our contact form.