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New York

Judge: Unpaid interns cannot sue for sexual harassment

Emily Atteberry
USATODAY
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  • A Syracuse graduate and unpaid intern claims she experienced sexual advances from her boss in 2009.
  • The intern%27s boss allegedly lured her into his hotel room and tried to force himself upon her.
  • A New York district judge ruled that the unpaid intern is not protected by the NY Human Rights Law.

Who are "real" employees? Not unpaid interns, a federal district court in New York ruled last week.

Lihuan Wang, a 26-year-old Syracuse University graduate, lost a sexual harassment lawsuit against her former employer on the grounds that she was not paid, therefore not considered a company employee.

Wang was a 22-year-old intern at Phoenix Satellite Television U.S., the American branch of the Hong Kong-based media conglomerate, in 2009 when she says she experienced sexual advances from Zhengzhu Liu, the station's Washington D.C. bureau chief.

According to the lawsuit, Liu allegedly lured Wang and other female interns to his hotel room under the guise of business discussions.

In the hotel room, Liu allegedly asked Wang "why are you so beautiful?" and threw his arms around her, forcing her into a kiss, while squeezing her buttocks. Wang left immediately.

New York Judge Kevin Castel wrote in his decision that Wang was not covered by the New York Human Rights Law because she was not paid, therefore not technically an employee.

"It is uncontested that Wang received no remuneration for her services," New York Judge Kevin Castel wrote in his decision. "New York City's Human Rights Law's protection of employees does not extend to unpaid interns."

Liu was fired from Phoenix after the company investigated the allegations, the ruling states. Wang has since moved back to China.

In June, Oregon became the first and only state to extend sexual harassment protection to unpaid interns.

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