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Unpaid Interns Not Protected Against Sexual Harassment, Judge Rules
By
Lauren Evans
Published Oct 9, 2013
Modified Oct 9, 2013
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By
Lauren Evans
Published Oct 9, 2013
Modified Oct 9, 2013
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Here's some depressing news for unpaid interns: Not only are you doing a job for which you are receiving no compensation, you are also disempowered to take action if you're being sexually harassed by your boss! Because see, the thing about bosses is that in order to have one, you have to be an employee. Which you are not.
A U.S. District Court judge ruled last week that Lihuan Wang, who served as an unpaid intern at Phoenix Satellite Television U.S.'s New York bureau in early 2010, could not bring a claim of sexual harassment against her boss, Zhengzhu Liu, after he reportedly sexually harassed and groped her, Bloomberg Businessweek reports. This is because, according to the New York City Human Rights Law, unpaid interns are not covered by the Title VII of the 1964 Civil Rights Act. The "absence of remuneration" means that "the "essential condition to the existence of an employer-employee relationship" isn't there.
The harassment certainly was, though. According to the complaint, the incident occurred one day when Liu took several employees to lunch, afterward asking Wang to return to his hotel with him so he could "drop off his things."
Once Ms. Wang and and Mr. Liu were in his hotel room, Mr. Liu took off his shirt jacket and undid his tie as they talked. Then Mr. Liu suddenly exclaimed "Why are you so beautiful?" and threw his arms around Ms. Wang. He held her tightly for roughly five seconds and during this time, he tried to kiss Ms. Wang by force, but Ms. Wang turned her face away so Mr. Liu's mouth landed on her cheek and neck. Mr. Liu's left hand squeezed her buttocks. Ms. Wang pushed him away and told him to stop. She said "I don't want this." Finally, Mr. Liu let go of Ms. Wang.
Wang later applied for a job with Phoenix, which she alleges in the complaint she was denied after refusing to accompany Liu to Atlantic City. Despite last week's ruling, Wang is still suing for failure to hire, a decision she asserts was based on not capitulating to Liu's sexual demands.
According to Bloomberg Businessweek, Phoenix denies that Wang ever applied for a position. Liu, for his part, is no longer employed by Phoenix.
Tagged
interning
sexual harrassment
Unpaid Interns
Lauren Evans
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