(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, 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, 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, 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, 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.
Structure New York Laws
291 - Equality of Opportunity a Civil Right.
293 - Division of Human Rights.
294 - General Policies of Division.
294-A - Statewide Campaign for the Acceptance, Inclusion, Tolerance and Understanding of Diversity.
295 - General Powers and Duties of Division.
296 - Unlawful Discriminatory Practices.
296-A - Unlawful Discriminatory Practices in Relation to Credit.
296-C - Unlawful Disciminatory Practices Relating to Interns.
296-D - Unlawful Discriminatory Practices Relating to Non-Employees.
298 - Judicial Review and Enforcement.
298-A - Application of Article to Certain Acts Committed Outside the State of New York.