There are a number of laws that dictate what behavior is acceptable in the workplace. For example, employees are protected by law from being discriminated against or harassed based on age, race, disability, religion, sexual orientation and national origin. However, not everyone is protected under this law.
Interns, or unpaid workers, are not protected by these laws because, by definition, they are not considered employees. This has created a gray area when it comes to defining their roles and establishing protections for interns. As it stands now, many interns have tried unsuccessfully to hold an employer accountable for harassment or discrimination. But could that be changing soon?
In Maryland, this issue was recently explored in a proposed bill that aimed to provide interns with the same protections from discriminatory or harassing behaviors on the job. The bill would effectively redefine the role of intern and give these workers the rights and resources to file complaints about such instances on the job.
However, the bill was recently withdrawn largely because of a controversial requirement that placed a significant burden on employers. According to the proposal, businesses would have to pay these unpaid workers if there is a violation. This particular requirement created a sharp divide between supporters and critics of the bill and it was ultimately withdrawn.
The issue is still being discussed and debated in Maryland. It is likely that another measure addressing interns will be proposed with some adjustments. In the meantime, however, there still is a lot of uncertainty when it comes to what protections are in place for unpaid workers.
Employment laws in Maryland can be very complex and confusing. They are also frequently challenged, reviewed and revised to reflect cultural and social changes. This means that many people without a clear understanding of the laws may find themselves unaware that they are in violation of a particular law or have been the victim of a violation. Whether a person is being wrongfully accused of misconduct or believes he or she is the victim of such behavior on the job, it may be wise to discuss the situation with an attorney familiar with employment laws in this state.
Source: The Diamondback, “Intern discrimination bill sparks state conversation,” Jim Bach