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In response to
"it's a pretty sneaky little gap, isn't it? -- nm"
by
loosilu
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It is, but it's been around for a while.
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A client was asking me about this last summer -- whether the company could be sued for sexual harassment against a non-employee victim -- and I know that friends of mine who practice employment law full time have noticed this loophole for years.
I think it comes down to a definition of "employee." The DC code's definition focused on "compensation," but other states could have a broader definition of "employee" that includes non-compensated interns.
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