New Illinois, California Laws Prohibit Discrimination and Harassment Against Interns
Author: Beth P. Zoller, XpertHR Legal Editor
September 16, 2014
Illinois and California have passed laws extending protection from harassment and/or discrimination to unpaid interns. Both laws are effective January 1, 2015. An employer should make sure its discrimination and harassment policies apply to unpaid interns and train supervisors in the requirements of the new laws.
Under the Illinois law, employers will be prohibited from sexually harassing unpaid interns. Under the California law, an employer will be prohibited from discriminating against or harassing unpaid interns based on race, color, religion, national origin and other protected statuses.
The Illinois law defines unpaid intern as an individual performing work for an employer when:
- The employer is not committed to hiring the individual performing the work at the conclusion of the intern's tenure;
- The employer and the individual performing work agree that the person is not entitled to wages for work performed; and
- The work performed:
- Supplements training in a educational environment and may enhance employment opportunities for that individual;
- Provides experience for the individual's benefit;
- Does not displace regular employees;
- Is performed under the close supervision of existing staff; and
- Provides the employer with no immediate advantage and may occasionally impede the employer's operations.
The California law does not define what constitutes an unpaid intern.
In a March hearing, California Assemblymember Nancy Skinner stated that "A person should not give up basic civil rights just because he or she is willing to forgo pay for experience. Employers owe a safe, harassment-free, and fair workplace to all employees, including unpaid interns."
Two states, New York and Oregon, and two cities, New York City and Washington, DC, have enacted similar laws providing interns with protections against workplace harassment and discrimination.