An Intern’s Right to Sue for Discrimination in New York

Author: Stephen D. Hans & Associates

Stephen D. Hans photoLegal loopholes sometimes exist that preclude bringing a lawsuit because the letter of the law does not protect an individual’s rights. In the past, this may have been the case with interns, who because they did not receive any pay for their work could not be considered employees and therefore did not receive protection under employment discrimination laws.

However, this fact changed on July 22, 2014, when the Governor of New York signed into law an amendment providing civil rights protections for interns. Under this amendment to NY civil rights law, the definition of an intern is an individual who performs work for an employer for the purpose of training and:

  • The employee is not committed to hire the person performing the work at the conclusion of the training period
  • The employer and person performing the work agree that the person is not entitled to wages for the work performed
  • The work performed provides or supplements training that may enhance the intern’s employability, provides the intern with beneficial experience, does not displace regular employees and is performed under the close supervision of existing staff

Interns have the right to freedom from discrimination based on age, race, creed, color, national origin, sexual orientation, military status, sex, disability, predisposing genetic characteristics, marital status or domestic violence victim status.

For employers, an integral aspect of running a successful business involves staying apprised of legal and regulatory changes. An experienced employment litigation attorney can work with you to ensure your business policies and operating procedures comply with new employment laws.

At Stephen Hans & Associates, our attorneys offer business owners valuable legal assistance and representation in cases involving disputed employment or labor law issues.

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