N.Y.
Executive Law Section 296-C
Unlawful discriminatory practices relating to interns
1.
As used in this section, “Intern” means a person who performs work for an employer for the purpose of training under the following circumstances:a.
the employer is not committed to hire the person performing the work at the conclusion of the training period;b.
the employer and the person performing the work agree that the person performing the work is not entitled to wages for the work performed; andc.
the work performed:(1)
provides or supplements training that may enhance the employability of the intern;(2)
provides experience for the benefit of the person performing the work;(3)
does not displace regular employees; and(4)
is performed under the close supervision of existing staff.2.
It shall be an unlawful discriminatory practice for an employer to:a.
refuse to hire or employ or to bar or to discharge from internship an intern or to discriminate against such intern in terms, conditions or privileges of employment as an intern because of the intern’s age, race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, marital status, or status as a victim of domestic violence;b.
discriminate against an intern in receiving, classifying, disposing or otherwise acting upon applications for internships because of the intern’s age, race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, marital status, or status as a victim of domestic violence;c.
print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for employment as an intern or to make any inquiry in connection with prospective employment, which expresses directly or indirectly, any limitation, specification or discrimination as to age, race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, marital status or status as a victim of domestic violence, or any intent to make any such limitation, specification or discrimination, unless based upon a bona fide occupational qualification; provided, however, that neither this paragraph nor any provision of this chapter or other law shall be construed to prohibit the department of civil service or the department of personnel of any city containing more than one county from requesting information from applicants for civil service internships or examinations concerning any of the aforementioned characteristics, other than sexual orientation, for the purpose of conducting studies to identify and resolve possible problems in recruitment and testing of members of minority groups to ensure the fairest possible and equal opportunities for employment in the civil service for all persons, regardless of age, race, creed, color, national origin, citizenship or immigration status, sexual orientation, military status, sex, disability, predisposing genetic characteristics, marital status or status as a victim of domestic violence;d.
to discharge, expel or otherwise discriminate against any person because he or she has opposed any practices forbidden under this article or because he or she has filed a complaint, testified or assisted in any proceeding under this article; ore.
to compel an intern who is pregnant to take a leave of absence, unless the intern is prevented by such pregnancy from performing the activities involved in the job or occupation in a reasonable manner.3.
It shall be an unlawful discriminatory practice for an employer to:a.
engage in unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature to an intern when:(1)
submission to such conduct is made either explicitly or implicitly a term or condition of the intern’s employment;(2)
submission to or rejection of such conduct by the intern is used as the basis for employment decisions affecting such intern; or(3)
such conduct has the purpose or effect of unreasonably interfering with the intern’s work performance by creating an intimidating, hostile, or offensive working environment; orb.
subject an intern to unwelcome harassment based on age, sex, race, creed, color, sexual orientation, gender identity or expression, military status, disability, predisposing genetic characteristics, marital status, status as a victim of domestic violence, national origin, or citizenship or immigration status, or where such harassment has the purpose or effect of unreasonably interfering with the intern’s work performance by creating an intimidating, hostile, or offensive working environment.4.
Nothing in this section shall affect any restrictions upon the activities of persons licensed by the state liquor authority with respect to persons under twenty-one years of age.5.
Nothing in this section shall create an employment relationship between an employer and an intern for the purposes of articles six, seven, eighteen or nineteen of the labor law.
Source:
Section 296-C — Unlawful discriminatory practices relating to interns, https://www.nysenate.gov/legislation/laws/EXC/296-C (updated Aug. 25, 2023; accessed Oct. 26, 2024).
