2023 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, 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.