Can An Intern Sue for Workplace Sexual Harassment?

Workplace sexual harassment is a serious issue that can affect anyone, including interns. Interns, like full-time employees, have the right to work in an environment free from harassment and discrimination. This guide will explore whether interns can sue for workplace sexual harassment and the legal protections available to them.

Understanding Workplace Sexual Harassment

Sexual harassment in the workplace includes any unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. It can create a hostile work environment and interfere with an individual's job performance.

Legal Protections for Interns

Interns are protected under both federal and state laws from sexual harassment. These protections ensure that interns have the same rights as employees to a safe and respectful work environment.

Federal Protections

1. Title VII of the Civil Rights Act of 1964:

   • Title VII prohibits employment discrimination based on race, color, religion, sex, and national origin. It covers sexual harassment and applies to employers with 15 or more employees. While traditionally focused on employees, some courts have interpreted Title VII to extend protections to interns, especially if they are unpaid.

2. Equal Employment Opportunity Commission (EEOC):

   • The EEOC enforces Title VII and provides guidance on workplace sexual harassment. Interns can file a complaint with the EEOC if they experience harassment.

California State Protections

1. California Fair Employment and Housing Act (FEHA):

   • The FEHA prohibits harassment and discrimination based on sex, including sexual harassment. It applies to employers with five or more employees and explicitly includes protections for unpaid interns and volunteers.

2. California Labor Code Section 3351:

   • This section extends employee protections to interns and volunteers, ensuring they are covered under workplace harassment laws.

Steps for Interns to Take if They Experience Sexual Harassment

If you are an intern and experience sexual harassment in the workplace, it's important to take action to protect your rights:

1. Document the Harassment:

   • Keep detailed records of the harassment, including dates, times, locations, and descriptions of the incidents. Save any relevant communications, such as emails or text messages.

2. Report the Harassment:

   • Report the harassment to your supervisor, Human Resources department, or the designated person for handling such complaints. Follow your organization’s procedures for reporting harassment.

3. File a Complaint:

   • If the harassment is not addressed internally, you can file a complaint with the EEOC or the California Department of Fair Employment and Housing (DFEH). Both agencies investigate harassment claims and can take action against employers.

4. Consult an Attorney:

   • Consider consulting with an experienced employment law attorney. An attorney can help you understand your rights, guide you through the complaint process, and represent you in any legal proceedings.

Can Interns Sue for Workplace Sexual Harassment?

Yes, interns can sue for workplace sexual harassment. Federal and state laws provide interns with the right to file a lawsuit if they experience harassment. Here are the steps involved in suing for workplace sexual harassment:

1. File a Charge with the EEOC or DFEH:

   • Before filing a lawsuit, you must file a charge with the EEOC (for federal claims) or the DFEH (for California state claims). These agencies will investigate your complaint and may attempt to resolve the issue through mediation.

2. Receive a Right-to-Sue Notice:

   • If the EEOC or DFEH cannot resolve your complaint, they will issue a Right-to-Sue notice. This notice allows you to file a lawsuit in court.

3. File a Lawsuit:

   • With the Right-to-Sue notice, you can file a lawsuit in federal or state court. An employment law attorney can help you prepare and file your case, ensuring that all legal requirements are met.

Interns have the right to a workplace free from sexual harassment and discrimination. Both federal and California state laws provide robust protections for interns, allowing them to take legal action if they experience harassment. If you are an intern facing sexual harassment, document the incidents, report them, and consider consulting with an attorney to protect your rights and pursue justice.

If you need help with a sexual harassment claim or have questions about your rights as an intern, contact FairWork Legal Group. Our experienced attorneys are dedicated to protecting employees and interns from harassment and ensuring justice in the workplace.