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A08201 Summary:

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A08201 Floor Votes:

A08201 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8201--A
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                    October 24, 2013
                                       ___________
 
        Introduced  by  M.  of  A. O'DONNELL, SEPULVEDA, ENGLEBRIGHT, BENEDETTO,
          JAFFEE, MOSLEY, SKOUFIS, KEARNS,  DUPREY,  MONTESANO,  GRAF,  RAIA  --
          Multi-Sponsored  by -- M. of A. ABBATE, BARCLAY, GLICK, McDONOUGH, RA,
          SWEENEY, WEISENBERG -- read once and  referred  to  the  Committee  on
          Governmental  Operations  --  recommitted  to the Committee on Govern-

          mental Operations in accordance  with  Assembly  Rule  3,  sec.  2  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee
 
        AN ACT to amend the executive law,  in  relation  to  providing  certain
          civil rights protections for interns
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The executive law is amended by adding a new section  296-c
     2  to read as follows:
     3    §  296-c. Unlawful discriminatory practices relating to interns. 1. As
     4  used in this section, "Intern" means a person who performs work  for  an
     5  employer for the purpose of training under the following circumstances:
     6    a.  the  employer  is  not committed to hire the person performing the

     7  work at the conclusion of the training period;
     8    b. the employer and the person performing  the  work  agree  that  the
     9  person  performing  the  work  is  not  entitled  to  wages for the work
    10  performed; and
    11    c. the work performed:
    12    (1) provides or supplements training that may enhance the employabili-
    13  ty of the intern;
    14    (2) provides experience for the benefit of the person  performing  the
    15  work;
    16    (3) does not displace regular employees; and
    17    (4) is performed under the close supervision of existing staff.
    18    2. It shall be an unlawful discriminatory practice for an employer to:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets

                              [ ] is old law to be omitted.
                                                                   LBD11709-05-4
        A. 8201--A                          2
 
     1    a.  refuse to hire or employ or to bar or to discharge from internship
     2  an intern or to discriminate against such intern in terms, conditions or
     3  privileges of employment as an intern because of the intern's age, race,
     4  creed, color, national origin, sexual orientation, military status, sex,
     5  disability,  predisposing  genetic  characteristics,  marital status, or
     6  domestic violence victim status;
     7    b. discriminate against an intern in receiving, classifying, disposing
     8  or otherwise acting upon applications for  internships  because  of  the

     9  intern's  age,  race, creed, color, national origin, sexual orientation,
    10  military status, sex, disability, predisposing genetic  characteristics,
    11  marital status, or domestic violence victim status;
    12    c.  print or circulate or cause to be printed or circulated any state-
    13  ment, advertisement or publication, or to use any  form  of  application
    14  for  employment  as  an intern or to make any inquiry in connection with
    15  prospective employment, which  expresses  directly  or  indirectly,  any
    16  limitation,  specification  or  discrimination  as  to age, race, creed,
    17  color, national origin, sexual orientation, military status, sex,  disa-
    18  bility, predisposing genetic characteristics, marital status or domestic

    19  violence victim status, or any intent to make any such limitation, spec-
    20  ification  or discrimination, unless based upon a bona fide occupational
    21  qualification; provided, however, that neither this  paragraph  nor  any
    22  provision  of  this  chapter or other law shall be construed to prohibit
    23  the department of civil service or the department of  personnel  of  any
    24  city  containing  more  than one county from requesting information from
    25  applicants for civil service internships or examinations concerning  any
    26  of  the  aforementioned  characteristics, other than sexual orientation,
    27  for the purpose of conducting studies to identify and  resolve  possible
    28  problems  in  recruitment  and  testing of members of minority groups to

    29  insure the fairest possible and equal opportunities  for  employment  in
    30  the  civil  service  for  all  persons,  regardless of age, race, creed,
    31  color, national origin, sexual orientation, military status, sex,  disa-
    32  bility, predisposing genetic characteristics, marital status or domestic
    33  violence victim status;
    34    d.  to  discharge,  expel or otherwise discriminate against any person
    35  because he or she has opposed any practices forbidden under this article
    36  or because he or she has filed a complaint, testified or assisted in any
    37  proceeding under this article; or
    38    e. to compel an intern who is pregnant to take  a  leave  of  absence,
    39  unless  the  intern  is  prevented by such pregnancy from performing the

    40  activities involved in the job or occupation in a reasonable manner.
    41    3. It shall be an unlawful discriminatory practice for an employer to:
    42    a. engage in unwelcome sexual advances, requests for sexual favors, or
    43  other verbal or physical conduct of a sexual nature to an intern when:
    44    (1) submission to such conduct is made either explicitly or implicitly
    45  a term or condition of the intern's employment;
    46    (2) submission to or rejection of such conduct by the intern  is  used
    47  as the basis for employment decisions affecting such intern; or
    48    (3) such conduct has the purpose or effect of unreasonably interfering
    49  with the intern's work performance by creating an intimidating, hostile,
    50  or offensive working environment; or

    51    b.  subject an intern to unwelcome harassment based on age, sex, race,
    52  creed, color, sexual orientation, military status,  disability,  predis-
    53  posing genetic characteristics, marital status, domestic violence victim
    54  status,  or  national  origin,  where such harassment has the purpose or
    55  effect of unreasonably interfering with the intern's work performance by
    56  creating an intimidating, hostile, or offensive working environment.
        A. 8201--A                          3
 
     1    4. Nothing in this section shall  affect  any  restrictions  upon  the
     2  activities  of  persons  licensed  by  the  state  liquor authority with
     3  respect to persons under twenty-one years of age.

     4    5.  Nothing  in  this  section shall create an employment relationship
     5  between an employer and an intern for  the  purposes  of  articles  six,
     6  seven, eighteen or nineteen of the labor law.
     7    §  2. Subdivision 4 of section 292 of the executive law, as amended by
     8  chapter 173 of the laws of 1974, is amended to read as follows:
     9    4. The term "unlawful discriminatory  practice"  includes  only  those
    10  practices  specified  in  sections  two  hundred  ninety-six  [and], two
    11  hundred ninety-six-a and two hundred ninety-six-c of this article.
    12    § 3. This act shall take effect immediately.