A New York District Judge ruled that unpaid interns are not protected from sexual harassment as promulgated by the New York Human Rights Law because they are not deemed to be “real” employees. This ruling was based upon claims of a 26-year-old Syracuse University graduate and unpaid intern, Lihuan Wang, who allegedly experienced sexual advances from her supervisor and boss in 2009.
She claims that when she was 22-years-old and working as an unpaid intern at Phoenix Satellite Television U.S., the American branch of a Hong Kong-based media company, her boss allegedly lured her into his hotel room and tried to force himself on her with kisses, groping and other unfavorable actions and statements.
In his decision, New York Judge Kevin Castel wrote, “It is uncontested that Wang received no remuneration for her services. New York City’s Human Rights Laws protection of employees does not extend to unpaid interns.” The boss was ultimately fired from Phoenix.
What Does This Mean?
As there are numerous state and federal regulated statutes protecting employees from both discrimination and harassment, only one state offers these protections to unpaid interns. At this time, the only state to offer sexual harassment protection to unpaid interns is the state of Oregon.
If you do not have status as an employee, meaning, if you are not paid for services provided to a company, the rules supported by the New York City Human Rights Laws do not apply to you and any claims of discrimination or sexual harassment will not withstand a claim in the courts.