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April 22nd, 2014
NYC Law Now Protects Interns Against Workplace Discrimination
Last week, New York City Mayor Bill de Blasio signed a bill amending the New York City Human Rights Law (the "NYCHRL") to provide that interns are now protected from workplace discrimination and harassment. This amendment will make New York City one of the few cities in the country to extend the same workplace protections against discrimination and harassment to interns - both paid and unpaid - as is provided to employees.
Previously, only "employees" - a category that does not include interns or independent contractors - could use the NYCHRL to bring claims for discrimination or harassment at work. The amendment defines the term "intern" as follows:
- an individual who performs work for an employer on a temporary basis whose work: (a) provides training or supplements training given in an educational environment such that the employability of the individual performing the work may be enhanced; (b) provides experience for the benefit of the individual performing the work; and (c) is performed under the close supervision of existing staff. The term shall include such individuals without regard to whether the employer pays them a salary or wage.
The amendment further provides that the provisions of the NYCHRL "relating to employees shall apply to interns." Accordingly, interns are now protected against discrimination on the basis of their protected characteristics, such as their age, race, creed, color, national origin, gender, disability, marital status, partnership status, sexual orientation, alienage or citizenship status or status as a victim of domestic violence, sex offense or stalking.
The amendment will go into effect as of June 15, 2015. Employers should take note and be sure to update their employee handbooks/anti-discrimination policies accordingly.
You should be aware that the classification as an intern rather than as an employee is a very hot topic of law and employers should carefully consider if their interns are being properly classified. We hosted an event and sent an Employment Alert on this topic. If you have any questions you should contact Wendy Stryker at (212) 705 4838 or wstryker@fkks.com, Gavin McElroy at (212) 826 5541 or gmcelroy@fkks.com, or any other member of the Frankfurt Kurnit Executive Compensation and Employment Group.
Other Employment Law Alerts
FTC Bans Certain Non-Compete Agreements
The Federal Trade Commission (FTC) has approved a new Rule which bans for-profit employers from entering into post-employment, non-compete agreements with employees. By a vote of 3 to 2 the FTC determined that these non-compete agreements constitute “unfair competition” under the FTC Act. The Rule is effective 120 days after it is published in the Federal Register. Here’s what employers and executives need to know. Read more.
April 26 2024
New Ruling from the National Labor Relations Board May Require Significant Handbook Revisions
On August 2, the National Labor Relations Board issued a decision, Stericycle Inc. and Teamsters Local 628, that creates a new legal standard for how the NLRB will evaluate workplace rules and policies to determine if such rules interfere with employees’ protected rights to engage in concerted workplace activity under Section 7 of the National Labor Relations Act. Read more.
August 8 2023
New York Releases New Changes to its Model Sexual Harassment Policy and Training Video
On April 11, 2023, the New York State Department of Labor released updated versions of its sexual harassment model policy and training materials. Read more.
April 17 2023
