I 

114TH CONGRESS 

1ST SESSION H. R. 2034 

To provide certain workplace protections to interns relating to discriminatory 

practices. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 27, 2015 

Ms. MENG introduced the following bill; which was referred to the Committee 

on Education and the Workforce, and in addition to the Committees on 

House Administration, Oversight and Government Reform, and the Judiciary, for a period to be subsequently determined by the Speaker, in each 

case for consideration of such provisions as fall within the jurisdiction of 

the committee concerned 

A BILL 

To provide certain workplace protections to interns relating 

to discriminatory practices. 

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 ‘‘Intern Protection Act’’. 

5 SEC. 2. DEFINITIONS. 

6 As used in this Act— 

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1 (1) COMMISSION.—The term ‘‘Commission’’ 

2 means the Equal Employment Opportunity Commis3 sion. 

4 (2) EMPLOYER.—The term ‘‘employer’’ 

5 means— 

6 (A) a person engaged in an industry affect7 ing commerce (as defined in section 701(h) of 

8 the Civil Rights Act of 1964 (42 U.S.C. 

9 2000e(h))) who has 15 or more employees (as 

10 defined in subparagraphs (A)(i) and (B) of 

11 paragraph (3)) for each working day in each of 

12 20 or more calendar weeks in the current or 

13 preceding calendar year, and any agent of such 

14 a person, but does not include a bona fide pri15 vate membership club (other than a labor orga16 nization) that is exempt from taxation under 

17 section 501(c) of the Internal Revenue Code of 

18 1986; 

19 (B) an employing authority to which sec20 tion 302(a)(1) of the Government Employee 

21 Rights Act of 1991 applies; 

22 (C) an employing office, as defined in sec23 tion 101 of the Congressional Accountability 

24 Act of 1995 or section 411(c) of title 3, United 

25 States Code; or 

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1 (D) an entity to which section 717(a) of 

2 the Civil Rights Act of 1964 applies. 

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

4 meaning given such term in section 3 of the Ameri5 cans with Disabilities Act of 1990 (42 U.S.C. 

6 12102). 

7 (4) GENDER IDENTITY.—The term ‘‘gender 

8 identity’’ means the gender-related identity, appear9 ance, or mannerisms or other gender-related charac10 teristics of an individual, with or without regard to 

11 the individual’s designated sex at birth. 

12 (5) INTERN.—The term ‘‘intern’’ means an in13 dividual who performs work for an employer, wheth14 er paid or unpaid for the purpose of training under 

15 the following circumstances: 

16 (A) The employer is not committed to hire 

17 the individual performing the work at the con18 clusion of the training period. 

19 (B) The work performed— 

20 (i) provides or supplements training 

21 that may enhance the employability of the 

22 intern; 

23 (ii) provides experience for the benefit 

24 of the individual performing the work; 

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1 (iii) does not displace regular employ2 ees; and 

3 (iv) is performed under the close su4 pervision of existing staff. 

5 (6) INTERNSHIP.—The term ‘‘internship’’ 

6 means a position or job with an employer that is 

7 filled by an intern. 

8 (7) MILITARY STATUS.—The term ‘‘military 

9 status’’ means an individual’s status as a member of 

10 the Armed Forces or a veteran. 

11 (8) PREDISPOSING GENETIC CHARACTERIS12 TICS.—The term ‘‘predisposing genetic characteris13 tics’’ means, with respect to an individual, any infor14 mation revealed by a genetic test of the individual or 

15 a family member of the individual, or the manifesta16 tion of a disease or disorder in any family member 

17 of the individual. 

18 (9) RELIGION.—The term ‘‘religion’’ has the 

19 meaning given such term in section 701(j) of the 

20 Civil Rights Act of 1964 (42 U.S.C. 2000e(j)). 

21 (10) SEX.—The term ‘‘sex’’ includes all of the 

22 aspects related to sex described in the term ‘‘because 

23 of sex’’ defined in section 701(k) of the Civil Rights 

24 Act of 1964 (42 U.S.C. 2000e(k)). 

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1 (11) SEXUAL ORIENTATION.—The term ‘‘sexual 

2 orientation’’ means homosexuality, heterosexuality, 

3 or bisexuality. 

4 SEC. 3. UNLAWFUL DISCRIMINATORY PRACTICES RELAT5 ING TO INTERNS. 

6 (a) TERMS AND CONDITIONS OF EMPLOYMENT.—It 

7 shall be an unlawful employment practice for an employer 

8 to— 

9 (1) refuse to hire or employ or to bar or to dis10 charge from internship an intern or to discriminate 

11 against such intern in the terms, conditions, or privi12 leges of employment as an intern because of the in13 tern’s age, race, religion, color, national origin, sex, 

14 sexual orientation, military status, disability, gender 

15 identity, predisposing genetic characteristics, marital 

16 status, or status as a victim of domestic violence; 

17 (2) discriminate against an intern in terms of 

18 receiving, classifying, disposing, or otherwise acting 

19 upon applications for internships because of the in20 tern’s age, race, religion, color, national origin, sex, 

21 sexual orientation, military status, disability, gender 

22 identity, predisposing genetic characteristics, marital 

23 status, or status as a victim of domestic violence; 

24 (3) print or circulate or cause to be printed or 

25 circulated any statement, advertisement, or publicamstockstill on DSK4VPTVN1PROD with BILLS

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1 tion, or to use any form of application for employ2 ment as an intern or to make any inquiry in connec3 tion with prospective employment as an intern, 

4 which expresses directly or indirectly, any limitation, 

5 specification, or discrimination as to age, race, reli6 gion, color, national origin, sex, sexual orientation, 

7 military status, disability, gender identity, predis8 posing genetic characteristics, marital status, or sta9 tus as a victim of domestic violence; 

10 (4) to compel an intern who is pregnant to take 

11 a leave of absence, unless the intern is prevented by 

12 such pregnancy from performing the activities in13 volved in the internship in a reasonable manner; or 

14 (5) to discharge, expel, or otherwise discrimi15 nate against any person because he or she has op16 posed any practices forbidden under this Act or be17 cause he or she has filed a complaint, testified, or 

18 assisted in any proceeding under this Act. 

19 (b) SEXUAL OR OTHER HARASSMENT.—It shall be 

20 an unlawful employment practice for an employer to— 

21 (1) engage in unwelcome sexual advances, re22 quests for sexual favors, or other verbal or physical 

23 conduct of a sexual nature to an intern when— 

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1 (A) submission to such conduct is made ei2 ther explicitly or implicitly a term or condition 

3 of the intern’s continued position as an intern; 

4 (B) submission to or rejection of such con5 duct by the intern is used as the basis for em6 ployment decisions affecting such intern; or 

7 (C) such conduct has the purpose or effect 

8 of unreasonably interfering with the intern’s 

9 work performance by creating an intimidating, 

10 hostile, or offensive working environment; or 

11 (2) subject an intern to unwelcome harassment 

12 based on age, race, religion, color, national origin, 

13 sex, sexual orientation, military status, disability, 

14 gender identity, predisposing genetic characteristics, 

15 marital status, or status as a victim of domestic vio16 lence, where such harassment has the purpose or ef17 fect of unreasonably interfering with the intern’s 

18 work performance by creating an intimidating, hos19 tile, or offensive working environment. 

20 (c) AGE LIMITATION.—The prohibitions in this sec21 tion relating to discrimination based on age shall be lim22 ited to individuals who are at least 40 years of age. 

23 SEC. 4. ENFORCEMENT. 

24 (a) ENFORCEMENT POWERS.—With respect to the 

25 administration and enforcement of this Act, in the case 

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1 of a claim alleged by an individual for a violation of this 

2 Act— 

3 (1) the Commission shall have the same powers 

4 as the Commission has to administer and enforce— 

5 (A) title VII of the Civil Rights Act of 

6 1964 (42 U.S.C. 2000e et seq.); or 

7 (B) sections 302 and 304 of the Govern8 ment Employee Rights Act of 1991 (42 U.S.C. 

9 2000e–16b and 2000e–16c), 

10 in the case of a claim alleged by such individual for 

11 a violation of such title, or of section 302(a)(1) of 

12 the Government Employee Rights Act of 1991 (42 

13 U.S.C. 2000e–16b(a)(1)), respectively; 

14 (2) the Librarian of Congress shall have the 

15 same powers as the Librarian of Congress has to ad16 minister and enforce title VII of the Civil Rights Act 

17 of 1964 (42 U.S.C. 2000e et seq.) in the case of a 

18 claim alleged by such individual for a violation of 

19 such title; 

20 (3) the Board (as defined in section 101 of the 

21 Congressional Accountability Act of 1995 (2 U.S.C. 

22 1301)) shall have the same powers as the Board has 

23 to administer and enforce the Congressional Ac24 countability Act of 1995 (2 U.S.C. 1301 et seq.) in 

25 the case of a claim alleged by such individual for a 

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1 violation of section 201(a)(1) of such Act (2 U.S.C. 

2 1311(a)(1)); 

3 (4) the Attorney General shall have the same 

4 powers as the Attorney General has to administer 

5 and enforce— 

6 (A) title VII of the Civil Rights Act of 

7 1964 (42 U.S.C. 2000e et seq.); or 

8 (B) sections 302 and 304 of the Govern9 ment Employee Rights Act of 1991 (42 U.S.C. 

10 2000e–16b and 2000e–16c); 

11 in the case of a claim alleged by such individual for 

12 a violation of such title, or of section 302(a)(1) of 

13 the Government Employee Rights Act of 1991 (42 

14 U.S.C. 2000e–16b(a)(1)), respectively; 

15 (5) the President, the Commission, and the 

16 Merit Systems Protection Board shall have the same 

17 powers as the President, the Commission, and the 

18 Board, respectively, have to administer and enforce 

19 chapter 5 of title 3, United States Code, in the case 

20 of a claim alleged by such individual for a violation 

21 of section 411 of such title; and 

22 (6) a court of the United States shall have the 

23 same jurisdiction and powers as the court has to en24 force— 

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1 (A) title VII of the Civil Rights Act of 

2 1964 (42 U.S.C. 2000e et seq.) in the case of 

3 a claim alleged by such individual for a viola4 tion of such title; 

5 (B) sections 302 and 304 of the Govern6 ment Employee Rights Act of 1991 (42 U.S.C. 

7 2000e–16b and 2000e–16c) in the case of a 

8 claim alleged by such individual for a violation 

9 of section 302(a)(1) of such Act (42 U.S.C. 

10 2000e–16b(a)(1)); 

11 (C) the Congressional Accountability Act 

12 of 1995 (2 U.S.C. 1301 et seq.) in the case of 

13 a claim alleged by such individual for a viola14 tion of section 201(a)(1) of such Act (2 U.S.C. 

15 1311(a)(1)); and 

16 (D) chapter 5 of title 3, United States 

17 Code, in the case of a claim alleged by such in18 dividual for a violation of section 411 of such 

19 title. 

20 (b) PROCEDURES AND REMEDIES.—The procedures 

21 and remedies applicable to a claim alleged by an individual 

22 for a violation of this Act are— 

23 (1) the procedures and remedies applicable for 

24 a violation of title VII of the Civil Rights Act of 

25 1964 (42 U.S.C. 2000e et seq.) in the case of a 

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1 claim alleged by such individual for a violation of 

2 such title; 

3 (2) the procedures and remedies applicable for 

4 a violation of section 302(a)(1) of the Government 

5 Employee Rights Act of 1991 (42 U.S.C. 2000e– 

6 16b(a)(1)) in the case of a claim alleged by such in7 dividual for a violation of such section; 

8 (3) the procedures and remedies applicable for 

9 a violation of section 201(a)(1) of the Congressional 

10 Accountability Act of 1995 (2 U.S.C. 1311(a)(1)) in 

11 the case of a claim alleged by such individual for a 

12 violation of such section; and 

13 (4) the procedures and remedies applicable for 

14 a violation of section 411 of title 3, United States 

15 Code, in the case of a claim alleged by such indi16 vidual for a violation of such section. 

17 (c) OTHER APPLICABLE PROVISIONS.—With respect 

18 to a claim alleged by an individual for a violation of this 

19 Act, title III of the Congressional Accountability Act of 

20 1995 (2 U.S.C. 1381 et seq.) shall apply in the same man21 ner as such title applies with respect to a claim alleged 

22 by a covered employee (as defined in section 101 of the 

23 Congressional Accountability Act of 1995 (2 U.S.C. 

24 1301)) for a violation of section 201(a)(1) of such Act (2 

25 U.S.C. 1311(a)(1)). 

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1 SEC. 5. ATTORNEYS’ FEES. 

2 Notwithstanding any other provision of this Act, in 

3 an action or administrative proceeding for a violation of 

4 this Act, an entity described in section 4(a) (other than 

5 paragraph (4) of such section), in the discretion of the 

6 entity, may allow the prevailing party, other than the 

7 Commission or the United States, a reasonable attorney’s 

8 fee (including expert fees) as part of the costs. The Com9 mission and the United States shall be liable for the costs 

10 to the same extent as a private person. 

11 SEC. 6. REGULATIONS. 

12 (a) IN GENERAL.—Except as provided in subsections 

13 (b), (c), and (d), the Commission shall have authority to 

14 issue regulations to carry out this Act. 

15 (b) LIBRARIAN OF CONGRESS.—The Librarian of 

16 Congress shall have authority to issue regulations to carry 

17 out this Act with respect to employees and applicants for 

18 employment of the Library of Congress. 

19 (c) BOARD.—The Board referred to in section 

20 10(a)(3) shall have authority to issue regulations to carry 

21 out this Act, in accordance with section 304 of the Con22 gressional Accountability Act of 1995 (2 U.S.C. 1384), 

23 with respect to covered employees, as defined in section 

24 101 of such Act (2 U.S.C. 1301). 

25 (d) PRESIDENT.—The President shall have authority 

26 to issue regulations to carry out this Act with respect to 

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1 covered employees, as defined in section 411(c) of title 3, 

2 United States Code, and applicants for employment as 

3 such employees. 

4 SEC. 7. RELATIONSHIP TO OTHER LAWS. 

5 This Act shall not invalidate or limit the rights, rem6 edies, or procedures available to an individual claiming 

7 discrimination prohibited under any other Federal law or 

8 regulation or any law or regulation of a State or political 

9 subdivision of a State. 

Æ 

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