NY Exec L § 296-C (2021)
2021 New York Laws EXC - Executive Article 15 - Human Rights Law 296-C - Unlawful Disciminatory 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, sexual orientation, military status, sex, disability,  predisposing  genetic  characteristics,  marital status, or domestic violence victim status;   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, sexual orientation, military status, sex, disability, predisposing genetic  characteristics, marital status, or domestic violence victim status;   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,  sexual  orientation,  military status,  sex,  disability, predisposing genetic characteristics, marital status or domestic violence victim status, 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 insure  the  fairest  possible  and  equal opportunities  for  employment  in  the  civil  service for all persons, regardless  of  age,  race,  creed,  color,  national   origin,   sexual orientation,  military  status,  sex,  disability,  predisposing genetic characteristics, marital status or domestic violence victim status;   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,   military  status,  disability, predisposing genetic characteristics, marital status, domestic  violence victim status, or national origin, 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.