hrc blog

FEHA's Anti-harassment and Anti-discrimination Protections to Unpaid Interns

According to an article drafted by Littler Mendelson (www.littler.com), A new measure extends the Fair Employment and Housing Act's anti-harassment and anti-discrimination protections to unpaid interns. Employers are prohibited from discrimination based on protected characteristics in the "selection, termination, training or other terms" of unpaid internships; employers are prohibited from harassing unpaid interns based on protected characteristics; employers may be held liable for sexual harassment of unpaid interns by non-employees if the employer knew or should have known of the conduct, but failed to take appropriate corrective action promptly; employers may not take adverse actions against unpaid interns based on religious beliefs, and must provide reasonable accommodations for religious observance unless it would pose an undue hardship on the employer. (AB 1443; amends California Government Code section 12940.)

Employer Action: Employers should review their sexual harassment and non-discrimination policies to ensure coverage of volunteers and unpaid interns.