Many interns in Texas are protected from sexual harassment under state law. While these safeguards can vary depending on the type of internship, specific state legislation helps clarify the rights of unpaid interns in particular.
What protections exist for unpaid interns in Texas?
HB 1151 provides specific safeguards for unpaid interns against sexual harassment. The law, as part of the Texas Labor Code Code S 21.1065, broadly defines sexual harassment as any sexual conduct, verbal or physical, that is unwelcome or involves requests for sexual favors. A behavior may qualify as harassment if it creates a hostile or intimidating work environment or affects the conditions of the internship.
What counts as sexual harassment for interns?
Sexual harassment against interns may include situations where:
- Accepting or rejecting advances influences decisions about the intern’s role
- Experiencing inappropriate behavior disrupts the intern’s work performance
- Facing repeated conduct contributes to a hostile or offensive workplace
Even subtle behaviors might create an intimidating environment, so interns may want to keep detailed notes about what happens and when.
What responsibilities do employers have?
Texas law generally expects employers to address instances of sexual harassment involving unpaid interns promptly and appropriately once they learn of it or reasonably suspect it. Ignoring such situations could potentially create legal risks for the employer, though the exact obligations might depend on context and workplace policies.
Who qualifies as an unpaid intern under this law?
Unpaid interns may receive protections if their internship:
- Provides training similar to an educational setting
- Primarily benefits the intern rather than the employer
- Involves work under close supervision without replacing regular employees
- Offers no immediate advantage to the employer and may even slow operations
- Does not guarantee a job after completion
- Does not include wages for the intern’s work
These criteria suggest that even interns in informal or temporary internships may be covered.
Are there limitations or special considerations?
Although unpaid interns receive defined safeguards, paid interns or those facing other kinds of harassment, such as those based on race or disability, might fall under general employee protections. These protections often apply when an employer has at least 15 employees and when the intern likely qualifies as an “employee.” Because every workplace and internship can differ, it may help for interns to learn how these standards could apply in their own situation.
Helping interns understand their rights
Understanding rights can seem complicated, but Texas provide legal protection for unpaid interns facing sexual harassment. Becoming familiar with these rules may help interns navigate their internship experience with greater confidence and make thoughtful decisions when concerns arise.