New York City Law Would Protect Unpaid Interns From Discrimination and Harassment

UPDATE: Mayor Bill de Blasio signed the bill into law on April 15, 2014. It takes effect on June 14, 2014.

Author: Beth Zoller, XpertHR Legal Editor

April 1, 2014

The New York City Council recently passed a bill to amend the City's Human Rights Law to protect unpaid interns from workplace discrimination and harassment and provide them with the right to sue for alleged violations in court or by filing a complaint with the Commission on Human Rights. The bill also requires employers to provide interns with reasonable accommodations under certain circumstances. The bill will take effect 60 days from the day it is signed by Mayor Bill de Blasio, who has indicated that he will sign it.

Under the bill, an "intern" is defined as an individual who works for an employer on a temporary basis, whether paid or not, and whose work:

  • Provides or supplements training given in an educational environment in order to enhance the individual's employability;
  • Provides the individual with work experience; and
  • Is performed under close supervision of the employer's current staff.

In a press release, Council Member James Vacca, the primary sponsor of the bill, stated that "[e]very worker - paid and unpaid - should have the right to do their job in a harassment-free environment." Further, City Council Speaker Melissa Mark-Viverito stated that "[n]o one should ever have to tolerate a discriminatory work environment, regardless of title . . . [i]nterns are often young people getting their first experience in a professional setting, so it's especially important that they are exposed to a respectful and appropriate work environment where their rights are protected . . . [w]e must make sure all New Yorkers are protected against workplace discrimination."

This bill follows an October 2013 District Court ruling that unpaid interns were not protected from harassment under the New York City Human Rights law because they were not considered employees. A similar law has been passed in Oregon and introduced in California.