I 

116TH CONGRESS 

1ST SESSION H. R. 134 

To protect unpaid interns from workplace harassment and discrimination. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 3, 2019 

Mr. CUMMINGS (for himself, Ms. MENG, Mr. SCOTT of Virginia, and Ms. NORTON) introduced the following bill; which was referred to the Committee 

on Education and Labor 

A BILL 

To protect unpaid interns from workplace harassment and 

discrimination. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Unpaid Intern Protec5 tion Act of 2019’’. 

6 SEC. 2. UNLAWFUL DISCRIMINATION AGAINST INTERNS. 

7 It shall be unlawful for an employer to discriminate 

8 against an intern on the basis of— 

9 (1) race, color, religion, sex, national origin, or 

10 age, or 


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1 (2) disability if such intern is a qualified indi2 vidual with a disability. 

3 SEC. 3. PROCEDURES. 

4 The procedures applicable to a claim for a violation 

5 of this Act are— 

6 (1) with respect to alleged discrimination based 

7 on race, color, religion, sex, or national origin, the 

8 procedures applicable for a claim for a violation of 

9 title VII of the Civil Rights Act of 1964 (42 U.S.C. 

10 2000e et seq.), 

11 (2) with respect to alleged discrimination based 

12 on age, the procedures applicable for a violation of 

13 Age Discrimination in Employment Act of 1967 (29 

14 U.S.C. 621 et seq.), and 

15 (3) with respect to alleged discrimination based 

16 on a disability, the procedures applicable for a viola17 tion of the Americans with Disabilities Act of 1990 

18 (42 U.S.C. 12111 et seq.). 

19 SEC. 4. REMEDIES. 

20 The district courts of the United States shall have 

21 jurisdiction to grant such legal and equitable relief as may 

22 be appropriate for a violation of this Act. 

23 SEC. 5. STATE IMMUNITY. 

24 A State shall not be immune under the eleventh arti25 cle of amendment to the Constitution of the United States 


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1 from an action in a court of the United States for a viola2 tion of this Act. In an action against a State for a violation 

3 of this Act, remedies (including remedies at law and in 

4 equity) are available for the violation to the same extent 

5 as such remedies are available in an action against any 

6 public or private entity other than a State. 

7 SEC. 6. DEFINITIONS. 

8 For purposes of this Act: 

9 (1) DISABILITY.—The term ‘‘disability’’ has the 

10 meaning given such term as applied in the Ameri11 cans with Disabilities Act of 1990 (42 U.S.C. 12101 

12 et seq.). 

13 (2) EMPLOYER.—The term ‘‘employer’’ has the 

14 meaning given such term in— 

15 (A) section 701 of the Civil Rights Act of 

16 1964 (42 U.S.C. 2000e) with respect to dis17 crimination based on race, color, religion, sex, 

18 or national origin, 

19 (B) section 11 of the Age Discrimination 

20 in Employment Act of 1967 (29 U.S.C. 630) 

21 with respect to discrimination based on age, 

22 and 

23 (C) section 101 of the Americans with Dis24 abilities Act of 1990 (42 U.S.C. 12111) with 

25 respect to discrimination based on disability. 


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1 (3) INTERN.—The term ‘‘intern’’ means an in2 dividual who performs uncompensated voluntary 

3 service for an employer, to earn credit awarded by 

4 an educational institution or to learn a trade or oc5 cupation. 

6 (4) QUALIFIED INDIVIDUAL WITH A DIS7 ABILITY.—The term ‘‘qualified individual with a dis8 ability’’ has the meaning given such term in section 

9 101 of the Americans with Disabilities Act of 1990 

10 (42 U.S.C. 12111). 

11 (5) STATE.—The term ‘‘State’’ has the mean12 ing given such term in— 

13 (A) section 701 of the Civil Rights Act of 

14 1964 (42 U.S.C. 2000e) with respect to dis15 crimination based on race, color, religion, sex, 

16 or national origin, 

17 (B) section 11 of the Age Discrimination 

18 in Employment Act of 1967 (29 U.S.C. 630) 

19 with respect to discrimination based on age, or 

20 (C) section 4 of the Americans with Dis21 abilities Act of 1990 (42 U.S.C. 12103) with 

22 respect to discrimination based on disability. 

Æ 


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