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Thread: Unpaid Interns Cannot Sue for Sexual Harassment !

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    Default Unpaid Interns Cannot Sue for Sexual Harassment !

    from


    (snip)"No paycheck, no benefits — and no protection from creeps. Unpaid interns can’t sue over sexual harassment at work because they don’t count as employees, a judge ruled.

    Lihuan Wang, 26, said her boss at Phoenix Satellite Television’s New York bureau grabbed her butt and tried to kiss her while she was an unpaid intern in 2010. But Manhattan Federal Court Judge Kevin Castel tossed that claim last week, finding that only paid workers are covered by the city’s human rights law.

    “Protection of employees does not extend to unpaid interns,” Castel wrote Oct. 3. He said the City Council has amended the New York City Human Rights Law several times in recent years to cover more situations but has failed to shield interns.

    “This is terrible,” seethed Wang’s lawyer, Lynne Bernabei. “There is no logical reason to allow an intern who is young and vulnerable to be sexually harassed.”(snip)


    With a Federal Court ruling now on record that unpaid interns are not entitled to 'employee' rights and protections, this decision probably has implications that go far beyond NY City laws !!!

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    Default Re: Unpaid Interns Cannot Sue for Sexual Harassment !

    this.is.bullshit.
    mellymay.com

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    Default Re: Unpaid Interns Cannot Sue for Sexual Harassment !

    The more interesting question which the story does not address is: How would a Federal District Court have jurisdiction to hear a suit brought pursuant to a municipal ordinance?

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    Default Re: Unpaid Interns Cannot Sue for Sexual Harassment !

    that's way worse than sexual harassment..that's sexual assault. did she at least press charges against him? you can't just do that shit and fucking get away with it!! there had to be some consequences..

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    Default Re: Unpaid Interns Cannot Sue for Sexual Harassment !

    Hopefully a higher court will overturn the ruling.

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    Default Re: Unpaid Interns Cannot Sue for Sexual Harassment !

    His ruling makes no sense. Why isn't the intern an "employee " ? The whole point of sexual harassment is the disparity of power between predator and victim. The employee is preyed upon because he or she can be fired, denied raises , be given all the scut work etc. An intern can be discharged , given shitty assignments and can be given lousy references. In some ways an intern is even MORE vulnerable than an employee. They're younger and more impressionable. I would argue that if anything the employer has a higher and greater duty to protect interns. Interns do work in exchange for academic credit in addition to other benefits. This is behavior that would never be tolerated outside the work environment. I certainly hope this ruling is reversed.

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    Default Re: Unpaid Interns Cannot Sue for Sexual Harassment !

    Not to mention sometimes unpaid internships are a required part of a larger program. my sister was in a 2 year program and each year an unpaid internship at a local busines was required over the summer. if a girl is being harrassed what are you supposed to do? tolerate it or leave your whole program?

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    Lightbulb Re: Unpaid Interns Cannot Sue for Sexual Harassment !

    How would a Federal District Court have jurisdiction to hear a suit brought pursuant to a municipal ordinance?
    I would assume as the result of multiple prior appeals.


    I would argue that if anything the employer has a higher and greater duty to protect interns. Interns do work in exchange for academic credit in addition to other benefits. This is behavior that would never be tolerated outside the work environment. I certainly hope this ruling is reversed.
    I would agree with your interpretation from a logical / philosophical standpoint. However, from a legal standpoint, non-employees attempting to enjoy statutory 'rights' and protections specifically granted to employees is pretty clear 'bright line'.


    Not to mention sometimes unpaid internships are a required part of a larger program. my sister was in a 2 year program and each year an unpaid internship at a local busines was required over the summer. if a girl is being harrassed what are you supposed to do? tolerate it or leave your whole program?
    ... at the moment, those would appear to be two of the three available options. The third open option would be to personally sue the 'boss' who committed the alleged sexual assault in civil court, applying the newly ruled fact that interns are not employees to 'void' legal restrictions that would otherwise apply when an 'employee' attempts to sue their 'employer'.

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    Default Re: Unpaid Interns Cannot Sue for Sexual Harassment !

    Afaik there are Federal , state and local laws against sexual harassment. I THINK that you can go to Federal Court with a Federal claim and add on state and local claims.
    The plaintiff in this case was Chinese so there was probably diversity jurisdiction.

    If the law doesn't apply to interns then what about trainees ? Some companies have programs where the prospective employee is not paid but gets a job if they successfully complete the training program.

    What about suing the creep who assaulted her directly ? If she is not an employee then the usual bar to suing your employer directly is not valid.

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    Default Re: Unpaid Interns Cannot Sue for Sexual Harassment !

    Intern gets hired for no pay.
    Intern works at a company.
    Boss invites intern and other employees out to lunch.
    Intern goes.
    Everyone has lunch.
    After lunch, Boss asks Intern to hang back because he needs to discuss Intern's "work performance".
    Busy businessman that he is, Boss asks Intern to accompany him to his hotel because he "needs to drop some things off".
    Intern obliges.
    Boss goes into creep mode the minute they enter the room.
    Intern gets sexually harassed/groped.
    Intern stops the shenanigans.
    Intern leaves.
    Later, when Intern asks about getting an actual job at the company, Boss invites Intern to accompany him to Atlantic City.
    Intern is like "uhm... no."
    Internship ends.
    No job.
    Intern returns to Shanghai.
    Intern files a law suit.
    Judge rules that Interns can be harassed and have no protection under the law.
    Bosses everywhere scramble to get free labor and grope-bait for their offices.

    Now I need an Asian-made CGI animated recreation of this script.
    Quote Originally Posted by Jay12 View Post
    ^What Sophia said.
    Quote Originally Posted by yoda57us View Post
    I wish there was an "auto-like" setting that I could just have applied to all of your posts Sophia....

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