As summer gets closer and closer, you’ve probably noticed the dreaded “I” word—internship—starting to pop up more in conversation.
It’s no longer enough to simply get an internship in the summer; it’s what kind of internship you get that can set you up to find a job after graduation. Summer internships for college students can range from high-paid gigs that are essentially a full-time job, to picking up coffee for free.
While it can be hard to dictate exactly what an employer must have an intern do, it’s this wide range of disparity that allows for frightening loopholes that can leave students out in the cold. (Disclaimer—I’ve held two unpaid internships, both of which I had a great experience at).
One case that recently made headlines was that of Lihuan Wang, a Syracuse University student who was an unpaid broadcasting intern at Phoenix Satellite Television’s New York Office in 2009. Wang was invited to lunch by her supervisor—and later back to his hotel room—where Wang alleges that she was the victim of sexual harassment.
Wang took her case to court in 2013, but a judge ruled that because she was not paid for her work, she was not considered an employee and was not protected from sexual harassment under the New York City Human Rights Law.
Realizing how horrific of a loophole this was, some people began to cry foul. New York City Councilman James Vacca has already sponsored legislation to protect unpaid interns from being exploited and harassed.
But before you begin to think this case is closed, research reveals this isn’t the first time something like this has happened to unpaid interns.
In 1994, a nursing student named Bridget O’Connor brought a sexual harassment lawsuit similar to Wang’s against the psychiatric hospital where she interned. O’Connor experienced the exact same outcome—the courts ruled that she was not protected against sexual harassment because she was not a paid employee.
Yet in the nine years between O’Connor’s and Wang’s cases, nothing had been done—otherwise, Wang would never have had her case thrown out.
Why is it taking multiple instances for lawmakers to do something to protect interns against sexual harassment and workplace discrimination? Currently only one state, Oregon, has a law that protects both paid and unpaid interns against sexual harassment.
In the ideal world, the best solution would be to require all internships to be paid. But that can lead to unintended consequences—Condé Nast ended their internship program after two former interns sued, claiming they were paid below minimum wage. That also eliminates the possibility of non-profits and other smaller businesses being able to afford interns.
The most immediate, and probably easiest, action to take would be for state and national legislators to start regulating unpaid internships more tightly. Employers and lawmakers need to stop viewing interns as volunteers, regardless of whether they are paid or unpaid.
The point of internships are to give students experience in the “real world”—to give them work experience they would need to succeed as employees. Shouldn’t employers and lawmakers lead by example, and take steps to ensure that interns are treated with the same respect as any normal employee would?
Exploiting interns doesn’t make them into good future employees. Lawmakers need to make it a priority to protect paid and unpaid interns. There should never, ever be another Bridget O’Connor or Lihuan Wang.