05-25-2018  7:36 am      •     
The Skanner Report
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NEWS BRIEFS

Attorney General Forms Hate Crime Task Force

The task force will study hate-motivated crimes and review existing legal protections for victims ...

Portland Art Museum Celebrates Art Museum Day with Free Admission on May 25

Portland Art Museum joins art museums across North America, with great works of art and public programs ...

June Key Delta Community Center Hosts May Week ’18 Health Fair May 26

Event includes vision, glucose screenings, medication disposal and car seat installation ...

Mississippi Avenue Giving Tuesday

On Tuesday, May 22, 10 percent of proceeds from participating Mississippi Ave. businesses will go to SEI ...

The highest-paid CEOs by state

Here are the top-paid CEOs by state for 2017, as calculated by The Associated Press and Equilar, an executive data firm.The survey considered only publicly traded companies with more than jumi billion in revenue that filed their proxy statements with federal regulators between Jan. 1 and April 30....

Douglas County suspends recycling service due to Chinese ban

ROSEBURG, Ore. (AP) — The Douglas County Landfill and transfer stations, along with its recycling partner, will be suspending all recycling efforts in the county.The News-Review reports that the operations will be suspended June 1. The Douglas County Public Works Department in a statement...

The highest-paid CEOs by state

Here are the top-paid CEOs by state for 2017, as calculated by The Associated Press and Equilar, an executive data firm.The survey considered only publicly traded companies with more than jumi billion in revenue that filed their proxy statements with federal regulators between Jan. 1 and April 30....

NFL players, coaches grapple with new anthem policy

RENTON, Wash. (AP) — Seahawks coach Pete Carroll wanted to be talking about football matters — Seattle's recommitment to the run game, the addition of two new coordinators, almost anything to do with what happens between the lines.Instead, the league's oldest coach has spent the past...

OPINION

Racism After Graduation May Just Be What's on the Menu

Dr. Julianne Malveaux says that for our young millennials, racism is inevitable ...

Prime Minister Netanyahu Shows Limits of Israel’s Democracy

Bill Fletcher, Jr. on racial politics in Israel and Prime Minister Benjamin Netanyahu’s uneven treatment of African immigrants ...

Golfing While Black Is Not a Crime

Grandview Golf Club asks five Black women to leave for golfing too slow ...

Discovering the Best of Black America in 2018

Dr. Benjamin F. Chavis discusses the DTU Journalism Fellowship & Scholarship Program ...

AFRICAN AMERICANS IN THE NEWS

Students hand back in yearbook after racial slur is pictured

SAVANNAH, Ga. (AP) — Students at a coastal Georgia high school are being asked to hand back in their yearbooks after a racial slur made for some bad memories.The Savannah-Chatham County school district tells news outlets that the publisher has recalled the Windsor Forest High School yearbook...

Column: Jack Johnson's biggest crime was being black

Jack Johnson's biggest crime was being an unrepentant black man who beat up white men for a living.High-flying and flamboyant, he refused to live by the unwritten rules of American society in the early 1900s. That made him a target, and that eventually cost him his freedom after being convicted of...

Rachel Dolezal accused of welfare fraud after race scandal

SPOKANE, Wash. (AP) — A former NAACP leader in Washington state whose life unraveled after she was exposed as a white woman pretending to be black has been charged with welfare fraud.Rachel Dolezal, who legally changed her name to Nkechi Diallo in 2016, was charged this week with theft by...

ENTERTAINMENT

Daniel Craig to return as 007 in 2019, Danny Boyle at helm

LOS ANGELES (AP) — Daniel Craig is back as Bond, the spy series' producers confirmed, in a Danny Boyle-directed film due for release in 2019.Bond producers Michael G. Wilson and Barbara Broccoli of EON Productions announced Thursday that production on the 25th official James Bond thriller...

Rose McGowan on Weinstein: 'One win is a win for all of us'

NEW YORK (AP) — She was one of the earliest Harvey Weinstein accusers, and she thought the mogul might never face justice in a court of law.Now, actress Rose McGowan, who has accused Weinstein of raping her 20 years ago, is gratified but "still in shock" at the news that he is expected to...

Morgan Freeman apologizes in wake of harassment accusations

Oscar-winning actor Morgan Freeman apologized on Thursday to anyone who may have felt "uncomfortable or disrespected" by his behavior, after CNN reported that multiple women have accused the A-list actor of sexual harassment and inappropriate behavior on movie sets and in other professional...

U.S. & WORLD NEWS

For CEOs, .7 million a year is just middle of the pack

NEW YORK (AP) — Chief executives at the biggest public companies got an 8.5 percent raise last year,...

Explosion at Indian restaurant in Canada wounds 15 people

TORONTO (AP) — An explosion caused by a homemade bomb ripped through an Indian restaurant where children...

Veterans, discharged and jobless, seek hiring-rules changes

PROVIDENCE, R.I. (AP) — Military veterans who were discharged for relatively minor offenses say they often...

The Latest: Syrian army warns Daraa rebels of nearing attack

BEIRUT (AP) — The Latest on the situation in Syria (all times local):6 p.m.Syria state-run media says...

49 dead after boat capsizes on Congo River tributary

KINSHASA, Congo (AP) — Congolese officials say at least 49 people have died after a boat tipped over on the...

Explosion at Indian restaurant in Canada wounds 15 people

TORONTO (AP) — An explosion caused by a homemade bomb ripped through an Indian restaurant where children...

Blair Hickman and Christie Thompson Propublica

In 1994, Bridget O'Connor began an internship at Rockland Psychiatric Center, where one of the doctors allegedly began to refer to her as Miss Sexual Harassment, told her that she should participate in an orgy, and suggested that she remove her clothing before meeting with him. Other women in the office made similar claims.

Yet when O'Connor filed a lawsuit, her sexual harassment claims were dismissed because she was an unpaid intern. A federal appeals court affirmed the decision to throw out the claim.

Unpaid interns miss out on wages and employment benefits, but they can also find themselves in "legal limbo" when it comes to civil rights, according to law professor and intern labor rights advocate David Yamada. The O'Connor decision (the leading ruling on the matter, according to Yamada) held that because they don't get a paycheck, unpaid interns are not "employees" under the Civil Rights Act -- and thus, they're not protected.

Federal policies echo court rulings. The laws enforced by the U.S. Equal Employment Opportunity Commission, including the Civil Rights Act, don't cover interns unless they receive "significant remuneration," according to commission spokesperson Joseph Olivares.

"At least with respect to the federal law that we enforce, an unpaid intern would not be legally protected by our laws prohibiting sexual harassment," Olivares said in an email to ProPublica.

It's unclear how many interns are sexually harassed at work. The commission doesn't keep those statistics, according to Olivares. And as the Chicago Tribune detailed in 2011, interns often don't know where to turn when faced with harassment or can fear retaliation from bosses they look to for future jobs or recommendations.

"You can understand perhaps why there haven't been more cases," said Yamada. "If you're a young student, and have been trying to get a career off the ground, the bind that puts someone in is significant, because there's retaliation."

Olivares noted that while federal laws don't protect unpaid interns, company policies and state or local laws could sometimes broaden workplace protections.

In June, Oregon passed a law expanding discrimination and harassment protections to interns, whether they are paid or not. According to Charlie Burr, spokespersonfor the state's Bureau of Labor and Industries, Oregon is the first state to pass such protections.

"Those principles of protecting people in the workplace have been in place for a long time, but they've never applied to interns," said Oregon Labor Commissioner Brad Avakian. "It really left them with few options."

Oregon's law protects interns from sexual harassment and discrimination based on race, religion, gender, disability, and sexual orientation and covers wrongful termination tied to discrimination — but it doesn't create an employment relationship or impact wages, an issue the state was careful to avoid, according to Avakian.

The idea for the law came from Carole Delogu, a former unpaid intern in the state's Bureau of Labor and Industries, after she read an article in the Public Interest Law Journal on the workplace protections not afforded to interns.

"I was in disbelief," Delogu said, of her reaction to the loophole. "Interns are in a fragile place, they want to get their foot in the door, so they don't complain."

So Delogu brought her concerns to the Labor bureau, and helped draft a proposal to close the gap in protections. Under the new law, Delogu hopes "more people will be able to stand up for their rights."

D.C. has made similar strides to protect interns. Council member Mary Cheh lobbied successfully to extend the D.C. Human Rights Act protections against sexual harassment to interns after hearing the story of one intern's sexual harassment claims against her employer, a massage and body therapy center in Friendship Heights. The intern's case was dismissed because she was unpaid.

Yet as Maurice Pianko, attorney and founder of Intern Justice, points out: if for-profit employers paid their interns when they should (and usually they should be paid), protection from discrimination and sexual harassment would automatically apply.

"It's a surprise to me to see that there are still companies not paying their employees," Pianko said. "If any general counsel wants to find out the law they can, and honestly I don't know what they're thinking." 

 

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