[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2538 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 2538

    To provide certain workplace protections to interns relating to 
                       discriminatory practices.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 18, 2017

   Ms. Meng introduced the following bill; which was referred to the 
   Committee on Education and the Workforce, and in addition to the 
 Committees on House Administration, Oversight and Government Reform, 
 and the Judiciary, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
    To provide certain workplace protections to interns relating to 
                       discriminatory practices.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Intern Protection Act''.

SEC. 2. DEFINITIONS.

    As used in this Act--
            (1) Commission.--The term ``Commission'' means the Equal 
        Employment Opportunity Commission.
            (2) Employer.--The term ``employer'' means--
                    (A) a person engaged in an industry affecting 
                commerce (as defined in section 701(h) of the Civil 
                Rights Act of 1964 (42 U.S.C. 2000e(h))) who has 15 or 
                more employees (as defined in subparagraphs (A)(i) and 
                (B) of paragraph (3)) for each working day in each of 
                20 or more calendar weeks in the current or preceding 
                calendar year, and any agent of such a person, but does 
                not include a bona fide private membership club (other 
                than a labor organization) that is exempt from taxation 
                under section 501(c) of the Internal Revenue Code of 
                1986;
                    (B) an employing authority to which section 
                302(a)(1) of the Government Employee Rights Act of 1991 
                applies;
                    (C) an employing office, as defined in section 101 
                of the Congressional Accountability Act of 1995 or 
                section 411(c) of title 3, United States Code; or
                    (D) an entity to which section 717(a) of the Civil 
                Rights Act of 1964 applies.
            (3) Disability.--The term ``disability'' has the meaning 
        given such term in section 3 of the Americans with Disabilities 
        Act of 1990 (42 U.S.C. 12102).
            (4) Gender identity.--The term ``gender identity'' means 
        the gender-related identity, appearance, or mannerisms or other 
        gender-related characteristics of an individual, with or 
        without regard to the individual's designated sex at birth.
            (5) Intern.--The term ``intern'' means an individual who 
        performs work for an employer, whether paid or unpaid for the 
        purpose of training under the following circumstances:
                    (A) The employer is not committed to hire the 
                individual performing the work at the conclusion of the 
                training period.
                    (B) The work performed--
                            (i) provides or supplements training that 
                        may enhance the employability of the intern;
                            (ii) provides experience for the benefit of 
                        the individual performing the work;
                            (iii) does not displace regular employees; 
                        and
                            (iv) is performed under the close 
                        supervision of existing staff.
            (6) Internship.--The term ``internship'' means a position 
        or job with an employer that is filled by an intern.
            (7) Military status.--The term ``military status'' means an 
        individual's status as a member of the Armed Forces or a 
        veteran.
            (8) Predisposing genetic characteristics.--The term 
        ``predisposing genetic characteristics'' means, with respect to 
        an individual, any information revealed by a genetic test of 
        the individual or a family member of the individual, or the 
        manifestation of a disease or disorder in any family member of 
        the individual.
            (9) Religion.--The term ``religion'' has the meaning given 
        such term in section 701(j) of the Civil Rights Act of 1964 (42 
        U.S.C. 2000e(j)).
            (10) Sex.--The term ``sex'' includes all of the aspects 
        related to sex described in the term ``because of sex'' defined 
        in section 701(k) of the Civil Rights Act of 1964 (42 U.S.C. 
        2000e(k)).
            (11) Sexual orientation.--The term ``sexual orientation'' 
        means homosexuality, heterosexuality, or bisexuality.

SEC. 3. UNLAWFUL DISCRIMINATORY PRACTICES RELATING TO INTERNS.

    (a) Terms and Conditions of Employment.--It shall be an unlawful 
employment practice for an employer to--
            (1) refuse to hire or employ or to bar or to discharge from 
        internship an intern or to discriminate against such intern in 
        the terms, conditions, or privileges of employment as an intern 
        because of the intern's age, race, religion, color, national 
        origin, sex, sexual orientation, military status, disability, 
        gender identity, predisposing genetic characteristics, marital 
        status, or status as a victim of domestic violence;
            (2) discriminate against an intern in terms of receiving, 
        classifying, disposing, or otherwise acting upon applications 
        for internships because of the intern's age, race, religion, 
        color, national origin, sex, sexual orientation, military 
        status, disability, gender identity, predisposing genetic 
        characteristics, marital status, or status as a victim of 
        domestic violence;
            (3) print or circulate or cause to be printed or circulated 
        any statement, advertisement, or publication, or to use any 
        form of application for employment as an intern or to make any 
        inquiry in connection with prospective employment as an intern, 
        which expresses directly or indirectly, any limitation, 
        specification, or discrimination as to age, race, religion, 
        color, national origin, sex, sexual orientation, military 
        status, disability, gender identity, predisposing genetic 
        characteristics, marital status, or status as a victim of 
        domestic violence;
            (4) to compel an intern who is pregnant to take a leave of 
        absence, unless the intern is prevented by such pregnancy from 
        performing the activities involved in the internship in a 
        reasonable manner; or
            (5) to discharge, expel, or otherwise discriminate against 
        any person because he or she has opposed any practices 
        forbidden under this Act or because he or she has filed a 
        complaint, testified, or assisted in any proceeding under this 
        Act.
    (b) Sexual or Other Harassment.--It shall be an unlawful employment 
practice for an employer to--
            (1) engage in unwelcome sexual advances, requests for 
        sexual favors, or other verbal or physical conduct of a sexual 
        nature to an intern when--
                    (A) submission to such conduct is made either 
                explicitly or implicitly a term or condition of the 
                intern's continued position as an intern;
                    (B) submission to or rejection of such conduct by 
                the intern is used as the basis for employment 
                decisions affecting such intern; or
                    (C) such conduct has the purpose or effect of 
                unreasonably interfering with the intern's work 
                performance by creating an intimidating, hostile, or 
                offensive working environment; or
            (2) subject an intern to unwelcome harassment based on age, 
        race, religion, color, national origin, sex, sexual 
        orientation, military status, disability, gender identity, 
        predisposing genetic characteristics, marital status, or status 
        as a victim of domestic violence, where such harassment has the 
        purpose or effect of unreasonably interfering with the intern's 
        work performance by creating an intimidating, hostile, or 
        offensive working environment.
    (c) Age Limitation.--The prohibitions in this section relating to 
discrimination based on age shall be limited to individuals who are at 
least 40 years of age.

SEC. 4. ENFORCEMENT.

    (a) Enforcement Powers.--With respect to the administration and 
enforcement of this Act, in the case of a claim alleged by an 
individual for a violation of this Act--
            (1) the Commission shall have the same powers as the 
        Commission has to administer and enforce--
                    (A) title VII of the Civil Rights Act of 1964 (42 
                U.S.C. 2000e et seq.); or
                    (B) sections 302 and 304 of the Government Employee 
                Rights Act of 1991 (42 U.S.C. 2000e-16b and 2000e-16c),
        in the case of a claim alleged by such individual for a 
        violation of such title, or of section 302(a)(1) of the 
        Government Employee Rights Act of 1991 (42 U.S.C. 2000e-
        16b(a)(1)), respectively;
            (2) the Librarian of Congress shall have the same powers as 
        the Librarian of Congress has to administer and enforce title 
        VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) 
        in the case of a claim alleged by such individual for a 
        violation of such title;
            (3) the Board (as defined in section 101 of the 
        Congressional Accountability Act of 1995 (2 U.S.C. 1301)) shall 
        have the same powers as the Board has to administer and enforce 
        the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et 
        seq.) in the case of a claim alleged by such individual for a 
        violation of section 201(a)(1) of such Act (2 U.S.C. 
        1311(a)(1));
            (4) the Attorney General shall have the same powers as the 
        Attorney General has to administer and enforce--
                    (A) title VII of the Civil Rights Act of 1964 (42 
                U.S.C. 2000e et seq.); or
                    (B) sections 302 and 304 of the Government Employee 
                Rights Act of 1991 (42 U.S.C. 2000e-16b and 2000e-16c);
        in the case of a claim alleged by such individual for a 
        violation of such title, or of section 302(a)(1) of the 
        Government Employee Rights Act of 1991 (42 U.S.C. 2000e-
        16b(a)(1)), respectively;
            (5) the President, the Commission, and the Merit Systems 
        Protection Board shall have the same powers as the President, 
        the Commission, and the Board, respectively, have to administer 
        and enforce chapter 5 of title 3, United States Code, in the 
        case of a claim alleged by such individual for a violation of 
        section 411 of such title; and
            (6) a court of the United States shall have the same 
        jurisdiction and powers as the court has to enforce--
                    (A) title VII of the Civil Rights Act of 1964 (42 
                U.S.C. 2000e et seq.) in the case of a claim alleged by 
                such individual for a violation of such title;
                    (B) sections 302 and 304 of the Government Employee 
                Rights Act of 1991 (42 U.S.C. 2000e-16b and 2000e-16c) 
                in the case of a claim alleged by such individual for a 
                violation of section 302(a)(1) of such Act (42 U.S.C. 
                2000e-16b(a)(1));
                    (C) the Congressional Accountability Act of 1995 (2 
                U.S.C. 1301 et seq.) in the case of a claim alleged by 
                such individual for a violation of section 201(a)(1) of 
                such Act (2 U.S.C. 1311(a)(1)); and
                    (D) chapter 5 of title 3, United States Code, in 
                the case of a claim alleged by such individual for a 
                violation of section 411 of such title.
    (b) Procedures and Remedies.--The procedures and remedies 
applicable to a claim alleged by an individual for a violation of this 
Act are--
            (1) the procedures and remedies applicable for a violation 
        of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e 
        et seq.) in the case of a claim alleged by such individual for 
        a violation of such title;
            (2) the procedures and remedies applicable for a violation 
        of section 302(a)(1) of the Government Employee Rights Act of 
        1991 (42 U.S.C. 2000e-16b(a)(1)) in the case of a claim alleged 
        by such individual for a violation of such section;
            (3) the procedures and remedies applicable for a violation 
        of section 201(a)(1) of the Congressional Accountability Act of 
        1995 (2 U.S.C. 1311(a)(1)) in the case of a claim alleged by 
        such individual for a violation of such section; and
            (4) the procedures and remedies applicable for a violation 
        of section 411 of title 3, United States Code, in the case of a 
        claim alleged by such individual for a violation of such 
        section.
    (c) Other Applicable Provisions.--With respect to a claim alleged 
by an individual for a violation of this Act, title III of the 
Congressional Accountability Act of 1995 (2 U.S.C. 1381 et seq.) shall 
apply in the same manner as such title applies with respect to a claim 
alleged by a covered employee (as defined in section 101 of the 
Congressional Accountability Act of 1995 (2 U.S.C. 1301)) for a 
violation of section 201(a)(1) of such Act (2 U.S.C. 1311(a)(1)).

SEC. 5. ATTORNEYS' FEES.

    Notwithstanding any other provision of this Act, in an action or 
administrative proceeding for a violation of this Act, an entity 
described in section 4(a) (other than paragraph (4) of such section), 
in the discretion of the entity, may allow the prevailing party, other 
than the Commission or the United States, a reasonable attorney's fee 
(including expert fees) as part of the costs. The Commission and the 
United States shall be liable for the costs to the same extent as a 
private person.

SEC. 6. REGULATIONS.

    (a) In General.--Except as provided in subsections (b), (c), and 
(d), the Commission shall have authority to issue regulations to carry 
out this Act.
    (b) Librarian of Congress.--The Librarian of Congress shall have 
authority to issue regulations to carry out this Act with respect to 
employees and applicants for employment of the Library of Congress.
    (c) Board.--The Board referred to in section 10(a)(3) shall have 
authority to issue regulations to carry out this Act, in accordance 
with section 304 of the Congressional Accountability Act of 1995 (2 
U.S.C. 1384), with respect to covered employees, as defined in section 
101 of such Act (2 U.S.C. 1301).
    (d) President.--The President shall have authority to issue 
regulations to carry out this Act with respect to covered employees, as 
defined in section 411(c) of title 3, United States Code, and 
applicants for employment as such employees.

SEC. 7. RELATIONSHIP TO OTHER LAWS.

    This Act shall not invalidate or limit the rights, remedies, or 
procedures available to an individual claiming discrimination 
prohibited under any other Federal law or regulation or any law or 
regulation of a State or political subdivision of a State.
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