Equal Employment Opportunity, Code of Conduct, Legal Liability

Equal Employment Opportunity – It is our policy to recruit, match and place interns to internship providers, provide mentoring, career coaching, hire, train, compensate, promote, and perform any other human resource services without regard to age, disability, equal pay/compensation, genetic Information, harassment, national origin, pregnancy, race/color, religion, retaliation, sex, sexual harassment, or other protected category.

It is our policy that internship providers comply based upon similar conditions related to employment and provider services.

Harassment – It is our policy that inappropriate and unwelcomed physical touching, obscene gestures, threats, derogatory comments, bullying, jokes, teasing, sexually explicit language, sexual jokes, display of sexual materials, inappropriate comments based on sex or gender, sex or gender-related jokes, requests for dates or other expressions of attraction or sexual interest, and other similar conduct are prohibited.

It is our policy that harassment against any person based upon a protected status, including race, color, religion, gender, national origin, age, disability, marital status, sexual orientation, military or veteran status, or any other classification protected by state, federal or local laws and ordinances will not be tolerated.

Reporting – It is our policy that intern(s) facing and/or witnessing job misrepresentation, unethical activities, sexual harassment, and discrimination report offenses.

Representation – It is our policy that the intern(s) recognizes that he/she is not solely representing self and should conduct self and his/her affairs respectfully, honestly, and fairly.

Drug and alcohol – It is our policy that intern(s) will remain drug-free, alcohol-free and avoid the use of controlled substances.

Best Practices – It is our recommendation that intern(s) accept responsibility and accountability for emotions, words, decisions, and behaviors. Be prompt and prepared. Accept and apply constructive feedback. Use appropriate written and oral expression. Follow-through on commitments. Conduct non-internship obligations at home. Ask, not assume.

Communication – It is the responsibility of intern(s) to notify all tardiness, schedule changes, planned, and unplanned absences to internship provider. Internship providers should be asked permission to make alterations to schedule.

Direction and Supervision – It is our policy that Talent Kiln supplies intern(s) to internship sites to supplement services. It is the responsibility of the internship provider to provide direct supervision to matched intern. Talent Kiln does not supply persons to supervise or oversee the assigned intern(s) during their assignment.

Confidentiality – The intern(s) agrees to maintain confidentiality and prohibited to disclosing proprietary and/or confidential information and/or revealing and/or releasing information without the permission of the internship provider or unless the disclosure is required pursuant to process of law.

Disclaimer of Liability – Talent Kiln expressly disclaim liability for any claim, loss, or liability of any kind resulting from:

  1. An internship providers failure to adequately supervise intern(s) or safeguard premises, processes, or systems.
  2. An internship provider entrusting intern(s) with unattended premises, cash, checks, keys, credit cards, merchandise, confidential or trade secret information, negotiable instruments, or other valuables.
  3. An internship providers’ requesting or permitting interns(s) to use any vehicle, regardless of ownership, in connection with the performance of services.
  4. Claims by internship providers for benefits, compensation, damages, contributions, or penalties under any employee benefit plans sponsored and maintained by the internship provider, whether or not said plans exclude intern(s) from coverage.
  5. Promises of increased compensation or benefits made by internship provider to intern(s).
  6. Claims by any person relating to the internship providers’ product or service.
  7. An internship provider assigning interns(s) to duties different from original duties or making substantial changes to intern(s) job duties or risks without prior discussion with intern(s).
  8. Claims by any person based on allegations that an internship provider’s business activities damages/damaged the environment.
  9. The conduct of internship providers’ officers, employees, and agents.
  10. Failure by internship provider to provide intern(s) with a safe work site or to provide information, training, and safety equipment with respect to any hazardous substances or conditions to which they may be exposed at the work site, whether or not required by law.
  11. Claims for special, indirect, consequential, punitive, or lost profit damages.
  12. A violation or breach by internship provider or intern(s) of any law, statute, or regulation.
  13. Property damage or personal injury, including death, arising out of or resulting from acts or omissions of the intern(s).

Indemnification – In no event shall the internship provider or the Intern be individually liable for any damages for breach of duty, unless the internship provider or intern’s act or failure to act involves intentional misconduct, fraud, or a knowing violation of the law.

Each party will, except to the extent disclaimed in mutual agreement, indemnify and hold the other party harmless from and against all costs and expenses, including reasonable attorney’s fees and the reasonable costs of investigation from:

  1. Claims for personal injury or property damage to the extent caused by an indemnified party’s negligence in the performance of its obligations under the agreement established between the internship provider and intern(s)
  2. Claims for bodily injury to the extent covered by the indemnifying party’s workers’ compensation insurance
  3. A breach of the indemnifying party’s obligations under mutually established agreement between the internship provider and intern(s)

It is advised that the internship provider consider carrying the following insurance coverages:

  • Standard workers’ compensation
  • Employers liability
  • Comprehensive general liability (bodily injury/property damage)
  • Comprehensive automobile liability
  • Excess umbrella liability

Intellectual Property – The Intern(s) agrees that any intellectual property provided to him/her by the internship provider will remain the sole property of the internship provider, including, but not limited to, copyrights, patents, trade secret rights, and other intellectual property rights associated with any ideas, concepts, techniques, inventions, processes, works of authorship, confidential information or trade secrets.

Expectations – It is advised that intern(s) request and gain clarity surrounding policies, practices, procedures, and/or standards of conduct from internship provider.

Recruitment – The intern acknowledges that Talent Kiln is not a recruitment agency and thus does not guarantee employment with the internship provider after the internship finishes. The intern shall not ask the internship provider for pay or future employment during the internship.

Labor Laws – It is advised that internship providers adhere to the Internship Programs Under the Fair Labor Standards Act per U.S. Department of Labor

Ethical Practices – It is policy that internship providers adhere to NACE’s Principles for Ethical Professional Practice

Safety – It is policy that internship providers comply with applicable federal – Centers for Disease Control and Prevention, state (check your state’s Department of Health guidelines), and local laws (check your county’s website for safety recommendations) relating to workplace safety and COVID regulations.

Right-to-Know Laws – It is policy that internship providers will not expose interns(s) to any hazardous chemicals (as defined by the Occupational Safety and Health Administration Hazard Communication Standards or any applicable state or local right-to-know law) under normal operating conditions or any foreseeable emergencies.

Compensation – It is highly recommended that internship providers compensate intern(s) for services offered during their internship in compliance with labor laws.

Talent Kiln is not responsible for paying wages to intern(s) placed within external internship provider sites nor responsible for withholding income, Social Security taxes from wages, paying workers’ compensation insurance premiums, and state and federal unemployment insurance taxes.

Guarantee – It is our policy that interns(s) who have been recruited and matched to an internship provider are not responsible for accepting or approving intern(s) to an internship provider.

After an internship provider agrees to accept or approve the assigned intern(s), it is possible that intern(s) abilities and/or performance fail to meet the expectations of the internship provider or vice versa. Talent Kiln is not in the business of meeting unforeseen or unmet expectations.

Termination – An internship provider or intern that expresses dissatisfaction with intern(s) or internship is advised to exercise all options that preserve the match prior to concluding match termination.

Ultimately, it is at the discretion of the internship provider and intern(s) to determine whether an internship agreement should be terminated. For example, an agreement may be terminated due to a breach of contract outlined within the