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This entry was published on 2022-05-20
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SECTION 296-C
Unlawful discriminatory practices relating to interns
Executive (EXC) CHAPTER 18, ARTICLE 15
§ 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
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, sexual orientation,
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, sexual orientation, 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, 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, military status, disability,
predisposing genetic characteristics, marital status, status as a victim
of domestic violence, national origin, 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.