New York City Council Unanimously Passes Bill Expanding NYCHRL to Protect Interns From Discrimination | Practical Law

New York City Council Unanimously Passes Bill Expanding NYCHRL to Protect Interns From Discrimination | Practical Law

The New York City Council has unanimously passed a bill expanding the New York City Human Rights Law (NYCHRL) to prohibit employment discrimination against paid and unpaid interns.

New York City Council Unanimously Passes Bill Expanding NYCHRL to Protect Interns From Discrimination

by Practical Law Labor & Employment
Published on 01 Apr 2014 • New York
The New York City Council has unanimously passed a bill expanding the New York City Human Rights Law (NYCHRL) to prohibit employment discrimination against paid and unpaid interns.
On March 26, 2014, the New York City Council unanimously passed a bill expanding the New York City Human Rights Law (NYCHRL) to prohibit employment discrimination against paid and unpaid interns. As the legislation was passed unanimously, it is likely to be enacted into law because the City Council can override any veto by the mayor. If this bill is enacted into law, it will become effective 60 days after it is enacted.
The bill prohibits employers from discriminating against interns on the basis of actual or perceived:
  • Age.
  • Race.
  • Creed.
  • Color.
  • National origin.
  • Gender.
  • Disability.
  • Marital or partnership status.
  • Sexual orientation.
  • Alienage or citizenship status.
  • Status as a victim of domestic violence, sex offense or stalking.
The legislation defines an intern as an individual:
  • Without regard to whether the employer pays them a salary or wage.
  • Who performs temporary work, under the close supervision of existing staff, for an employer who provides:
    • training or supplements training given in an educational environment to enhance the employability of the individual performing the work; and
    • experience for the benefit of the individual performing the work.
The bill was passed in response to the US District Court for the Southern District of New York’s October 3, 2013 decision in Wang v. Phoenix Satellite Television US, Inc. in which the court held that the anti-discrimination provisions of NYCHRL do not apply to unpaid interns except when it comes to hiring (13 CIV. 218 PKC, (S.D.N.Y. Oct. 3, 2013)). For more information, see Legal Update, New York City Law Does Not Allow Unpaid Intern Suit for Sexual Harassment.

Practical Implications

Employers that employ interns in New York City are advised to review their anti-discrimination and anti-retaliation policies to ensure that interns are expressly included as a protected class. NYCHRL imposes strict liability on employers and supervisors for discriminatory and retaliatory acts. Therefore, employers should provide anti-discrimination and anti-harassment training for supervisors and other employees who hire or work with interns.