On April 14, 2015, an act protecting interns in Maryland from employment discrimination officially became law. As of October 1, 2015, employers are prohibited from discriminating against interns with respect to the terms, conditions or privileges of their internships (including offering and terminating internships), on the basis of the individual’s race, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, or disability. Among other things, the law also requires employers to provide reasonable accommodations for interns with disabilities, and prohibits retaliation against interns for pursuing their rights under the law. The text of the law can be found here.

The new law applies to any “intern,” defined as an individual whom: (1) the employer has not committed to hiring at the conclusion of the internship; (2) is not entitled to wages for the work performed, and (3) performs work that: (i) supplements training given in an educational environment; (ii) provides experience for the benefit of the individual; (iii) does not displace regular employees; and (iv) is closely supervised by existing staff.

The law states that it does not add interns to the definition of employee in the Maryland Fair Employment Practices Act (“FEPA”), such that an intern would be entitled to any relief provided under FEPA. Instead, it provides separate protections. The law does not create a private cause of action for interns. Instead, interns will have access to the employer’s internal procedures for investigating discrimination. If the employer does not have an internal procedure, interns may file a complaint with the Maryland Commission of Civil Rights for nonmonetary administrative remedies.

 

Photo of Guy Brenner Guy Brenner

Guy Brenner is a partner in the Labor & Employment Law Department and leads the Firm’s Washington, D.C. Labor & Employment practice. He is head of the Government Contractor Compliance Group, co-head of the Counseling, Training & Pay Equity Group and a member…

Guy Brenner is a partner in the Labor & Employment Law Department and leads the Firm’s Washington, D.C. Labor & Employment practice. He is head of the Government Contractor Compliance Group, co-head of the Counseling, Training & Pay Equity Group and a member of the Restrictive Covenants, Trade Secrets & Unfair Competition Group. He has extensive experience representing employers in both single-plaintiff and class action matters, as well as in arbitration proceedings. He also regularly assists federal government contractors with the many special employment-related compliance challenges they face.

Guy represents employers in all aspects of employment and labor litigation and counseling, with an emphasis on non-compete and trade secrets issues, medical and disability leave matters, employee/independent contractor classification issues, and the investigation and litigation of whistleblower claims. He assists employers in negotiating and drafting executive agreements and employee mobility agreements, including non-competition, non-solicit and non-disclosure agreements, and also conducts and supervises internal investigations. He also regularly advises clients on pay equity matters, including privileged pay equity analyses.

Guy advises federal government contractors and subcontractors all aspects of Office of Federal Contract Compliance Programs (OFCCP) regulations and requirements, including preparing affirmative action plans, responding to desk audits, and managing on-site audits.

Guy is a former clerk to Judge Colleen Kollar-Kotelly of the US District Court of the District of Columbia.