This summer, Oregon passed a new law (HB 2669) that entitles unpaid interns to many of the same workplace protections as their employee counterparts. Under the law interns are protected from sexual harassment; discrimination based on race, color, religion, gender, sexual orientation, national origin, marital status or age; and retaliation for whistle-blowing, among other things.
“Intern” refers to an unpaid trainee, if:
- The employer is not committed to hire the intern at the end of the training period;
- The employer and the intern agree in writing that the intern is not entitled to wages; and
- The work supplements the education and enhances the employability of the intern; is for the benefit of the intern; does not displace regular employees; is performed under close supervision; and provides no immediate advantage to the employer.
Previously, interns did not have a legal right to bring claims of employment discrimination or retaliation. Now, interns can pursue legal action for violations against an employer or file a complaint with the Bureau of Labor and Industries (BOLI).
The new law does not create an employment relationship and does not affect wage or workers’ compensation laws. However, employers should review their discrimination and retaliation policies and training practices to ensure they include interns.