Title: Unpaid Intern Protection Act of 2019
Policy area: Civil Rights and Liberties, Minority Issues

Summary:
Unpaid Intern Protection Act of 2019
This bill prohibits employers from discriminating against unpaid interns on the basis of (1) race, color, religion, sex, national origin, or age; or (2) disability, if such intern can perform the essential functions of the position with or without reasonable accommodation.
The bill applies procedures from the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, and the Americans with Disabilities Act of 1990 to claims of employer discrimination of an unpaid intern.
Federal courts may grant legal and equitable relief.
The bill prohibits state immunity under the Eleventh Amendment to the Constitution from an action in a federal court for a violation of this bill.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 134 Introduced in House (IH)]

<DOC>






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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Unpaid Intern Protection Act of 
2019''.

SEC. 2. UNLAWFUL DISCRIMINATION AGAINST INTERNS.

    It shall be unlawful for an employer to discriminate against an 
intern on the basis of--
            (1) race, color, religion, sex, national origin, or age, or
            (2) disability if such intern is a qualified individual 
        with a disability.

SEC. 3. PROCEDURES.

    The procedures applicable to a claim for a violation of this Act 
are--
            (1) with respect to alleged discrimination based on race, 
        color, religion, sex, or national origin, the procedures 
        applicable for a claim for a violation of title VII of the 
        Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.),
            (2) with respect to alleged discrimination based on age, 
        the procedures applicable for a violation of Age Discrimination 
        in Employment Act of 1967 (29 U.S.C. 621 et seq.), and
            (3) with respect to alleged discrimination based on a 
        disability, the procedures applicable for a violation of the 
        Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et 
        seq.).

SEC. 4. REMEDIES.

    The district courts of the United States shall have jurisdiction to 
grant such legal and equitable relief as may be appropriate for a 
violation of this Act.

SEC. 5. STATE IMMUNITY.

    A State shall not be immune under the eleventh article of amendment 
to the Constitution of the United States from an action in a court of 
the United States for a violation of this Act. In an action against a 
State for a violation of this Act, remedies (including remedies at law 
and in equity) are available for the violation to the same extent as 
such remedies are available in an action against any public or private 
entity other than a State.

SEC. 6. DEFINITIONS.

    For purposes of this Act:
            (1) Disability.--The term ``disability'' has the meaning 
        given such term as applied in the Americans with Disabilities 
        Act of 1990 (42 U.S.C. 12101 et seq.).
            (2) Employer.--The term ``employer'' has the meaning given 
        such term in--
                    (A) section 701 of the Civil Rights Act of 1964 (42 
                U.S.C. 2000e) with respect to discrimination based on 
                race, color, religion, sex, or national origin,
                    (B) section 11 of the Age Discrimination in 
                Employment Act of 1967 (29 U.S.C. 630) with respect to 
                discrimination based on age, and
                    (C) section 101 of the Americans with Disabilities 
                Act of 1990 (42 U.S.C. 12111) with respect to 
                discrimination based on disability.
            (3) Intern.--The term ``intern'' means an individual who 
        performs uncompensated voluntary service for an employer, to 
        earn credit awarded by an educational institution or to learn a 
        trade or occupation.
            (4) Qualified individual with a disability.--The term 
        ``qualified individual with a disability'' has the meaning 
        given such term in section 101 of the Americans with 
        Disabilities Act of 1990 (42 U.S.C. 12111).
            (5) State.--The term ``State'' has the meaning given such 
        term in--
                    (A) section 701 of the Civil Rights Act of 1964 (42 
                U.S.C. 2000e) with respect to discrimination based on 
                race, color, religion, sex, or national origin,
                    (B) section 11 of the Age Discrimination in 
                Employment Act of 1967 (29 U.S.C. 630) with respect to 
                discrimination based on age, or
                    (C) section 4 of the Americans with Disabilities 
                Act of 1990 (42 U.S.C. 12103) with respect to 
                discrimination based on disability.
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