Rep. McNally Introduces Bill to Protect Unpaid Interns

COLUMBUS — State Rep. Lauren McNally (D-Youngstown) Wednesday introduced legislation to protect unpaid interns. Ohio has long recognized the value of protecting employees from undue harassment and discrimination. However, these protections currently do not apply to unpaid interns. This bill seeks to apply the employment portions of the Ohio Civil Rights Law to unpaid interns.

“This is a huge blind spot in the Ohio Revised Code. Interns are some of our most vulnerable workers and there is no reason the same protections we give workers should not be given to them. They do important work here at the Statehouse, and at so many offices in all different fields,” said Rep. McNally.

Internships bring value to both the employers and individuals who participate in them. Interns provide little to no cost labor, energy, and new perspectives to employers. At the same time, participants gain real-world experience that will likely benefit them while pursuing their prospective career. This legislation directly protects unpaid interns by adding the following language to Ohio Revised Code 4112: “Employee” includes an individual who performs unpaid work for an employer for the primary purpose of acquiring knowledge or experience relevant to the individual’s career aspirations.

Ohio has a long history of civil rights enforcement. All the way back in 1884, the Ohio Public Accommodations Law prohibited racial discrimination in all public facilities. Seventy-five years later, in 1959, Ohio passed legislation prohibiting employment discrimination on the basis of race, color, religion, along with national origin and ancestry, becoming the 16th state to do so. This prohibition has since been expanded to include discrimination on the basis of sex, disability, age, and military status. However, due to a gap in the statutory language, these protections do not extend to unpaid interns. Therefore, it is currently permissible, under Ohio Law, to harass and discriminate against them on the basis of their race, sex, religion, or any otherwise protected categorization, with no opportunity for recourse on the part of the intern.

This legislation does not change Ohio Civil Rights law in any other way. By adding this language, unpaid interns will have the same protections and ability to address harassment and discrimination in the workforce that all other Ohio employees have.

This piece of legislation is awaiting a bill number and a committee assignment.