Unpaid interns not protected from sexual harassment

Oct 10, 2013 00:34

A New York federal district court ruled last week that Lihuan Wang, an intern at a TV broadcaster named Phoenix Satellite Television U.S., could not bring a sexual harassment claim under New York human rights laws because she was not paid, and therefore not considered an employee ( Read more... )

excuze me wtf r u doin, *trigger warning: sexual assault, labor, bullying, law, business, cnn, lawsuits, court/federal court, sexual harassment, civil rights, fuckery, new york, feminism, sexual assault, **trigger warning

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Comments 10

rhysande October 10 2013, 14:06:07 UTC
Is it not possible to file charges of sexual harassment against a student (in the case of the nursing intern) or volunteer (in the case of the television broadcaster intern) rather than as an employee and in the cases referenced it was a matter of the wrong charges being laid? Whether it is or not, it sounds like it's time to plug a loophole.

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ar_feiniel_ October 10 2013, 15:07:42 UTC
Whether it is or not, it sounds like it's time to plug a loophole.

Yep.

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joiedumonde October 10 2013, 23:40:17 UTC
From what I understand she could have filed sexual assault charges, which are criminal allegations. Sexual harassment is supposedly only illegal if it happens 'at work'.

Thus you can't file sexual harassment charges against a random guy in the subway who makes lewd comments to you, but you can file assault charges if he touches you. The legal ins and outs of these laws makes my head hurt.

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astridmyrna October 10 2013, 15:11:08 UTC
According to the ruling and a lawyer for Phoenix Satellite, Liu was terminated from his job once the company investigated the allegations.

GOOD. At least he got some consequences for his actions, especially since he was testing her to see if she would put up with sexual assault for a job.

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yesthatnagia October 10 2013, 16:02:46 UTC
Today, in "Ways to erode any pride in being an American citizen, any confidence in American justice, and instill an intense desire to live on another planet entirely," we have... this fuckery.

Jesus H I hate everything and I hate it so much.

ETA: Is there any way she can appeal this? I hope she can.

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yeats October 10 2013, 16:36:35 UTC
just another reason why unpaid internships are fucking terrible and should be abolished. i have some sympathy for non-profits, and that's more of a gray area to me, but if you are trying to make a profit, you shouldn't be able to cut back on labor costs by not paying people.

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moonshaz October 11 2013, 01:09:06 UTC
This, for fuck's sake. Absolutely, THIS.

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paksenarrion2 October 12 2013, 19:39:45 UTC
I'd like to see a two-pronged solution. No more unpaid internships except at non-profits and allowing suit for sexual harrassment for those that are not paid at non-profits. (yeah, I know, idealist, unrealistic, #butagirlcandream)

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wrestlingdog October 10 2013, 16:58:27 UTC
Just another reason why unpaid internships are so problematic.

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