Assemblymember Nancy Skinner Announces Legislation to Protect Unpaid Interns from Sexual Harassment in the Workplace

Assemblymember Nancy Skinner Announces Legislation to Protect Unpaid Interns from Sexual Harassment in the Workplace

SACRAMENTO, CA. – Assemblymember Nancy Skinner (D-Berkeley) announced today that she plans to introduce legislation in January to protect unpaid interns from sexual harassment and other workplace discrimination.
“Interns should not have to give up their basic civil rights just because they are willing to forgo pay,” Skinner said. “Interns deserve the same legal protection against discrimination and harassment in the workplace.”
Neither state nor federal law explicitly protects unpaid interns from sexual harassment. Last month, a federal district court in New York ruled that Title VII of the 1964 Civil Rights Act – which protects employees from workplace discrimination, including sexual harassment - does not apply to unpaid interns because an unpaid intern is not an “employee.” The New York case involved a Syracuse University student who claimed she was sexually harassed, kissed and groped by a supervisor at her media company internship who later retaliated against her for rebuffing his sexual advances.
“The recession has forced young people to rely on these unpaid positions to build resumes and contacts in an incredibly competitive job market,” Skinner said. “Employers owe them a safe and fair workplace.”
Likewise, the California Fair Employment and Housing Act (FEHA) protects employees from sexual harassment, but does not specifically include unpaid interns.  Furthermore, a recent state court decision held that FEHA does not apply to “volunteers.” Assemblymember Skinner’s new legislation will change that.
According to a 2008 survey by the National Association of Colleges and Employers, 50 percent of graduating students held internships, up from the 17 percent shown in a 1992 study by Northwestern University. Women are significantly more likely than men (77 percent versus 23 percent) to be engaged in unpaid internships, according to a 2012 survey of college students by Intern Bridge, a consulting firm that specializes in college recruiting.
Assemblymember Skinner's bill would explicitly ban workplace sexual harassment and apply general workplace civil rights protections to unpaid interns. Skinner’s new legislation will be introduced when the Legislature reconvenes on Jan. 6, 2014.
Elected in 2008, Assemblymember Nancy Skinner (D-Berkeley) represents the 15th Assembly District, which includes Hercules, Pinole, El Sobrante, San Pablo, Richmond, El Cerrito, Kensington, Albany, Berkeley, Emeryville, Piedmont and parts of Oakland. Skinner serves as Chair of the Assembly Budget Committee.
www.asmdc.org/Skinner