Ask the Experts: Should interns be included in an affirmative action plan (AAP)?
Question: During the summer, my company employs several interns who are hired in the spring and terminated in the fall when they return to school. The interns are paid but do not receive benefits.
Are they actually employees? Do we have to track applicants, hires and terminations for internships?
Answer: It may come as no surprise to you that this is a gray area. Here are some things to consider when deciding whether to count interns as employees:
1. Your process for selecting them: Are the internships competitive? Do you actively recruit and select the interns?
2. The work they are performing: Is it comparable to an entry-level assignment in their field? Does it require previous experience or specialized coursework beyond introductory or core courses?
3. Their position in your workforce: Do they report to someone high up in the organization? Do they have the authority to request administrative support?
4. The likelihood of hiring them later: Are they considered a feeder pool for open positions? If they were to apply for a regular position in the future, would the internship improve their chances of being selected?
If you answered yes to the questions in two or more of these categories, it is probably in your best interest to count the interns and track their employment activity. You may find that this produces inflated termination rates for women and minorities if you are employing a diverse group of interns, but this effect can be easily explained in the event of an audit.
If the interns are members of the feeder pool, including them in your AAP can be an opportunity to demonstrate your good faith effort to diversify your workforce.
