Are Unpaid Internships in NJ Vulnerable to Gender Bias Claims?

Unpaid internships have become a common entry point into many industries: from media and fashion to nonprofits and tech startups. For students and recent graduates, internships promise valuable experience, networking opportunities, and a possible foot in the door.

But unpaid internships also raise serious questions about fairness and workplace protections. One question that often comes up is this: if an unpaid intern in New Jersey experiences gender bias, can they bring a legal claim?

Let’s unpack what unpaid internship bias means for interns, employers, and how a gender discrimination lawyer in New Jersey can help you navigate internship programs in the Garden State.

The Rise Of Unpaid Internships

Unpaid internships are common in fields like media, fashion, entertainment, law, and politics. For employers, they provide extra help without payroll costs. For interns, they can be a foot in the door.

But unpaid internships also raise serious concerns. Critics point out that they favor those who can afford to work without pay, leaving lower-income candidates behind. They also raise legal questions: labor rights, bias protections, and issues like gender discrimination in job training opportunities.

Research highlights clear gender gaps in who gets paid for internships. Data shows that only about 54% of women held paid internships compared with nearly 76% of men. For individuals identifying outside the binary, just 47.5% were receiving paid positions and 52.5% worked without pay.

The NJLAD And Intern Protections

The New Jersey Law Against Discrimination (NJLAD) prohibits discrimination in employment based on race, gender, pregnancy, sexual orientation, religion, age, disability, and other protected categories.

The New Jersey Senate is reviewing a proposal that, if enacted, would significantly reshape business operations and employment litigation in the state for years to come — extending protections to interns as well. This change is significant, because federal law has historically been less clear about whether interns are covered.

That means:

• Employers cannot deny opportunities or training based on gender.
• Interns must be protected from sexual harassment.
• Assignments and workloads must be distributed fairly.
• Evaluations and recommendations cannot be biased by gender stereotypes.

In 2023, more than a third (35%) of all complaints filed with the EEOC involved sex-based discrimination, underscoring that gender bias remains one of the most common workplace issues reported.

By covering interns, the law recognises that learning roles still carry risks of discrimination and that interns deserve legal recourse if mistreated.

Understanding Gender Bias In The Workplace

Gender bias comes in many forms. It is not always as blatant as refusing to hire one gender or openly favoring another. Often, bias hides in subtle behaviors and assumptions that shape opportunities, evaluations, and workplace treatment: and it’s important to remember that men can face gender discrimination, too.

Common examples of gender bias include:

• Assuming certain tasks should be given to men or women based on stereotypes
• Unequal access to projects, mentorship, or networking opportunities
• Sexual harassment, inappropriate jokes, or unwanted attention
• Penalizing women for being “too assertive” while rewarding men for the same behavior
• Treating requests for flexible scheduling differently depending on gender
• Paying closer attention to appearance or dress standards for one gender than for another
• Creating situations where remotely working women are at a disadvantage, such as being excluded from networking or key assignments.

Even in short-term internships, these dynamics can have long-lasting career effects. An intern who is sidelined or harassed may lose critical opportunities to prove themselves, build references, or gain professional credibility — reinforcing unfair unpaid internship bias in NJ.

What Counts As Gender Bias Under The NJLAD

The NJLAD prohibits discrimination and harassment based on gender, gender identity, and gender expression. For unpaid interns, this means:

• They cannot be denied opportunities or assignments because of gender.
• They cannot be subjected to a hostile work environment because of gender-based harassment.
• They cannot be treated unequally compared to other interns or employees based on gender.
• They are protected against retaliation for complaining about gender discrimination.

Employers who violate these protections can be held liable — which is why some take proactive measures such as conducting pay equity audits to avoid gender discrimination claims. For interns who believe they’ve been mistreated, speaking with a gender discrimination lawyer in New Jersey can be an important step.

Why Interns Are Especially Vulnerable

Interns often find themselves in precarious positions. They want to make a good impression, build connections, and possibly land a job offer after the internship ends. That vulnerability can make them hesitant to speak up about bias or harassment.

Factors that increase the risk include:

• Power imbalance — Interns rely on supervisors for references and career opportunities.
• Short-term status — Because they are temporary, interns may be overlooked or not taken seriously.
• Lack of pay — Unpaid interns may feel they have less leverage to demand fair treatment.
• Departmental culture — Gender bias in areas like sales teams can surface in who gets leads, face time with clients, or credit for group work, leaving interns particularly exposed.

This vulnerability is exactly why New Jersey lawmakers decided interns deserve explicit protections under the NJLAD.

Gender Bias In Internship Programs

Gender bias can appear in internship programs in ways that mirror workplace discrimination but with unique twists. Examples include:

• Assigning women interns mostly administrative tasks while men interns get client-facing or technical work.
• Socializing or networking events geared toward one gender, excluding others.
• Male supervisors showing favoritism toward male interns when recommending candidates for job openings.
• Female interns facing comments about appearance, clothing, or relationship status.
• Male interns being discouraged from pursuing roles in industries stereotyped as “female,” such as nursing or education.

Even if an internship is unpaid, these practices are unlawful under the NJLAD.

Employer Responsibilities

Employers in New Jersey who run internship programs must ensure legal protections under the NJLAD. That means:

• Having clear anti-discrimination and anti-harassment policies that include interns
• Training supervisors and staff who work with interns on appropriate conduct
• Providing reporting channels for interns to raise concerns safely
• Taking all complaints seriously and investigating promptly
• Avoiding retaliation against interns who report issues

Internship programs should not be “free passes” for employers. 

What Interns Should Do If They Experience Gender Bias

If you are an unpaid intern in New Jersey and believe you are experiencing gender bias, you are not without recourse.

Here are steps you can take:

• Document incidents. Keep notes of what happened, when it occurred, and who was involved.
• Review policies. Many internship programs provide handbooks or policies that outline reporting procedures.
• Report concerns. If you feel comfortable, raise the issue with a supervisor, HR, or program coordinator.
• Seek outside help. You can file a complaint with the New Jersey Division on Civil Rights or the EEOC.
• Consult a lawyer. A gender discrimination lawyer in NJ can advise whether your experience rises to the level of unlawful discrimination or harassment.

Even though internships are temporary, your rights are real and protected under New Jersey law.

Internships Shouldn’t Mean Inequality

Unpaid internships are supposed to provide opportunity, not open the door to discrimination. In New Jersey, interns are not second-class workers in the eyes of the law. Whether paid or unpaid, they are entitled to fair treatment and protection from gender bias.

Employers who ignore these protections not only risk legal consequences but also miss the chance to build inclusive, respectful workplaces that nurture the next generation of talent.

Have Questions About Unpaid Internship Claims? Contact Us For Legal Guidance

If you are an intern in New Jersey who believes you faced gender bias, or if you are an employer unsure about your responsibilities toward interns, we can help. 

We will review your situation, explain your rights under the NJLAD, and guide you toward the best next steps.

Contact us today for legal advice and a free consultation.