Monday, December 08, 2008

Bad Sexual Harassment Ruling

Eugene Volokh posted the disturbing ruling of the Evans v. Washington Center for Internships and Academic Seminars case.

Plaintiff's sexual harassment claims fail because she was not an “employee” within the meaning of the [D.C. Human Rights Act]. The DCHRA defines an employee as “any individual employed by or seeking employment from an employer.” The statute defines an employer as “any person who, for compensation, employs an individual....” Plaintiff did not satisfy this definition, as she was not working for compensation, nor was she seeking a paid job. Moreover, while this issue has never been decided under the DCHRA, it has consistently been held under Title VII that an unpaid intern is not an employee.

Judges are to interpret the law. Not make them. I haven't read the ruling. It certainly appears that laws should be made in the District of Columbia to protect female interns from sexual harassment. This is unacceptable.

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