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Rep. McNally Calls for Applying Civil Rights Employment Protections to Unpaid Interns

Bill would add unpaid interns to statutory definition of Employee
April 30, 2024
Lauren McNally News

COLUMBUS – State Rep. Lauren McNally (D-Youngstown) today provided sponsor testimony in the House Civil Justice Committee on House Bill (HB) 422, a bill that would apply civil rights protections in employment to unpaid interns.

“Ohio has a long history of civil rights enforcement,” said Rep. McNally, during her sponsor testimony. “For decades, Ohio has recognized the value, both economically and morally, of protecting its employees from undue harassment and discrimination. There is no reason we shouldn’t be extending the same protections to our kids working in internships, trying to get their careers off the ground.”

The legislation was introduced in order to protect unpaid interns as well as mitigate Ohio’s exodus of college graduates, also known as “brain drain.” Ohio loses over 20% of its college graduates within the first year after they graduate, with more graduates leaving each successive year after graduation.

“This directly feeds into a broader shortage in the workforce, which has become the number one issue for Ohio employers,” Rep. McNally continued. “In short, college graduates--young, intelligent prospective employees--are leaving Ohio, and they’re not coming back.”

Because of a gap in the current definition of employee in Ohio Revised Code Section 4112.01, unpaid interns do not qualify for the same civil rights protections afforded all other employees. This means that they have no legal recourse if they suffer discrimination because of their race, color, sex, religion, national origin and ancestry, disability, age, or military status.

HB 422 amends the statutory language of Section 4112.01 to explicitly include unpaid interns in its definition of employees, granting unpaid interns the same legal protection against discrimination and harassment as paid employees in Ohio. Seven other states already provide protections for their unpaid interns. Furthermore, the Ohio legislature has recognized the importance of internships when it comes to encouraging graduate retention when it introduced the Graduating and Retaining Ohio’s Workforce (or GROW) Ohio Act “to incentivize Ohio’s younger population to live, learn, work, and prosper in Ohio vs. leaving the state after graduation.”

“Unpaid internships have become more important than ever to the next generation of workers,” said Rep. McNally. “Let’s set them up to be successful.”

HB 422 awaits further hearing in the House Civil Justice Committee before being voted on by all members of the Ohio House of Representatives.

EDITOR’S NOTE: A photo of Rep. McNally giving sponsor testimony Tuesday is attached to this press release. Courtesy: Ohio House Democratic Caucus