N.Y. Executive Law § 296-c: Unlawful discriminatory practices relating to interns

§ 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; and

c. 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; or

e. 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; or

b. 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.