OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 422 Bill Analysis
135th General Assembly
Click here for H.B. 422’s Fiscal Note
Version: As Introduced
Primary Sponsor: Rep. McNally
Effective date:
Paul Luzzi, Attorney
SUMMARY
Applies the employment protections of the Ohio Civil Rights Law to unpaid interns.
DETAILED ANALYSIS
Unpaid interns under the Ohio Civil Rights Law
The bill applies the employment portions of the Ohio Civil Rights Law1 to unpaid interns.
An “unpaid intern” is described as any individual who performs unpaid work for an employer
for the primary purpose of acquiring knowledge or experience relevant to the individual’s
career aspirations.2
The employment portions of the Ohio Civil Rights Law prohibit all of the following
entities from engaging in various unlawful discriminatory practices on the basis of race, color,
religion, sex, military status, national origin, disability, age, or ancestry (commonly referred to
as “protected classes”):3
Employers;
Employment agencies;
Personnel placement services;
Labor organizations (essentially, unions);
Joint labor-management committees.
1 R.C. Chapter 4112.
2 R.C. 4112.01, with conforming changes in R.C. 3701.249.
3 R.C. 4112.02(A) through (E), not in the bill.
April 29, 2024
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Thus, the bill prohibits the entities listed above from discriminating against an unpaid
intern based on the intern’s membership in a protected class. Current law prohibits the listed
entities from discriminating against an applicant to, or a participant in, an apprenticeship
training program.4
Under continuing law, any individual may file a charge with Ohio’s Civil Rights
Commission (which enforces the Ohio Civil Rights Law) alleging that another individual or entity
has engaged or is engaging in an unlawful discriminatory practice. In the case of an unlawful
discriminatory practice relating to employment, the individual must file the charge within two
years after the alleged discriminatory practice was committed. The Commission may investigate
the charge and may initiate further action under procedures specified in law. Although the
Commission must first attempt to induce compliance with the Law through informal methods,
if, after a hearing, the Commission ultimately determines that an unlawful discriminatory
practice has occurred, it must issue a cease and desist order to remedy the situation and order
any further action necessary to effectuate the purpose of the Law.5
Additionally, continuing law allows an individual subject to an unlawful discriminatory
practice to sue for damages, injunctive relief, or any other appropriate relief. If the
discriminatory practice relates to employment, an individual can only sue for damages if the
individual first files a complaint with the Commission and receives a notice of right to sue. An
individual may only bring a lawsuit within two years after the alleged discriminatory
employment practice occurred. Filing a complaint with the Commission extends the statute of
limitations for an employment-related discrimination suit.6
Background – federal antidiscrimination law and unpaid interns
The Ohio Civil Rights Commission does not currently appear to have an official position
with respect to when the Law’s employment provisions apply to an unpaid intern, and it does
not appear that Ohio courts have ruled on the issue. The Ohio Supreme Court has held that the
Ohio Civil Rights Law follows Title VII of the Civil Rights Act of 19647 (Title VII).8 Title VII is the
primary federal law prohibiting employment discrimination on the basis of race, color, religion,
sex, or national origin.9
With respect to unpaid interns, coverage under Title VII depends on whether the intern
receives “significant remuneration” in some form. Significant remuneration may include a
pension, group life insurance, workers’ compensation coverage, or access to professional
certifications. These benefits need not be provided by the employer. Benefits received from a
4 R.C. 4112.02(D), not in the bill.
5 R.C. 4112.051, not in the bill.
6 R.C. 4112.052, not in the bill.
7 42 United States Code (U.S.C.) 2000e et seq.
8 Ohio Civil Rights Comm’n v. David Richard Ingram, D.C., 69 Ohio St.3d 89 (1994).
9 42 U.S.C. 2000e-2.
P a g e |2 H.B. 422
As Introduced
Office of Research and Drafting LSC Legislative Budget Office
third party as a consequence of the intern’s service may qualify.10 For example, if a university
provides significant benefits to an unpaid intern because the intern volunteers with an outside
employer, the intern may qualify as an employee of the employer.
An unpaid intern is not covered by Title VII when the intern receives only small benefits
that are “inconsequential incidents of an otherwise gratuitous relationship.”11 Benefits courts
have found to be insufficient include academic credit, practical experience, and scholarly
research.12
Even when there is no significant remuneration, an unpaid intern may be considered an
employee if the unpaid work is required for regular employment, or regularly leads to paid
employment with the same employer.13
HISTORY
Action Date
Introduced 02-21-24
ANHB0422IN-135/ks
10See Compliance Manual, Section 2: Threshold Issues, part 2-III.A.1.c., which may be accessed by
conducting a keyword “threshold issues” search on the Equal Employment Opportunity Commission’s
website: eeoc.gov.
11Haavistola v. Community Fire Co. of Rising Sun, Inc., 6 F.3d 211, 222 (4th Cir. 1993). See also Bryson v.
Middlefiled Volunteer Fire Dept., Inc., 656 F.3d 348 (6th Cir. 2011).
12See Jacob-Mua v. Veneman, 289 F.3d 517, 521 (8th Cir. 2002) (scholarly research) (abrogated on other
grounds by Torgerson v. City of Rochester, 643 F.3d 1031 (2011)) and Piotrowski v. Barat College, No. 93
C 6041, 1994 WL 594726, at 1 (N.D.Ill. 1994) (practical experience, academic credit, and tuition waiver).
13 See Charlton v. Paramus Bd. of Educ., 25 F.3d 194, 198 n.4 (3rd Cir. 1994).
P a g e |3 H.B. 422
As Introduced
Statutes affected: As Introduced: 3701.249, 4112.01