South Carolina — Workplace Discrimination

The South Carolina Human Affairs Law prohibits employment discrimination based on race, religion, color, sex, age, national origin, and disability. "Sex" includes pregnancy, childbirth, and related medical conditions, including lactation. "Age" protection applies to individuals 40 and above. The law covers employers with 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. The South Carolina Human Affairs Commission enforces the law.

Source: S.C. Code § 1-13-20, S.C. Code § 1-13-30, S.C. Code § 1-13-80

An individual alleging employment discrimination under the South Carolina Human Affairs Law must file a written charge under oath or affirmation with the South Carolina Human Affairs Commission within 180 calendar days after the alleged discriminatory practice occurred. The Commission assists complainants in reducing verbal complaints to writing and sets forth information required by the Commission.

Source: S.C. Code § 1-13-90(a)

The South Carolina Human Affairs Law (SCHAL), under S.C. Code § 1-13-80, sets out detailed prohibitions against employment discrimination. The law identifies specific practices that employers, employment agencies, and labor organizations must avoid:

(A) Employers: SCHAL makes it unlawful for an employer to:

• Fail or refuse to hire, discharge, or otherwise discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, because of the individual's race, religion, color, sex (including pregnancy, childbirth, and related medical conditions), age (40 or older), national origin, or disability (S.C. Code § 1-13-80(A)(1)).
• Limit, segregate, or classify employees or applicants in any way that might deprive or tend to deprive an individual of employment opportunities or otherwise adversely affect their status, for a prohibited reason (S.C. Code § 1-13-80(A)(2)).
• Print, publish, or cause to be published any notice or advertisement for employment indicating any preference, limitation, specification, or discrimination based on one of the protected characteristics, unless a bona fide occupational qualification (BFOQ) as set forth in § 1-13-80(F) applies.
• Discriminate because an individual opposes unlawful practices, files a charge, testifies, assists, or participates in an investigation or proceeding (anti-retaliation) (S.C. Code § 1-13-80(A)(4)).

(B) Employment Agencies: Prohibited from refusing to refer individuals for employment, or classifying, limiting, or otherwise discriminating in referrals based on the protected characteristics listed above (S.C. Code § 1-13-80(B)).

(C) Labor Organizations: Prohibited from excluding, expelling, or otherwise discriminating against any member or applicant; or limiting, segregating, or classifying membership or job opportunities in a discriminatory manner (S.C. Code § 1-13-80(C)).

(D) Training Programs: Employers, agencies, and unions cannot discriminate against individuals in apprenticeship, training, or retraining programs (S.C. Code § 1-13-80(D)).

BFOQ Exception: Disparate treatment is permitted only when "religion, sex, national origin, or age" is a bona fide occupational qualification "reasonably necessary to the normal operation" of that business (see S.C. Code § 1-13-80(F)).

Source: S.C. Code § 1-13-80

South Carolina law expressly prohibits retaliation against employees who engage in specific protected activities related to employment discrimination. The South Carolina Human Affairs Law (SCHAL) provides: "It is an unlawful employment practice for an employer to discriminate against any individual because he has opposed any practice made unlawful by this chapter, or because he has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this chapter." (S.C. Code § 1-13-80(A)(4)).

Scope of Protection:

• Protected activities include:
• Opposing practices that are unlawful under SCHAL,
• Making a charge of discrimination with the South Carolina Human Affairs Commission (SCHAC),
• Testifying, assisting, or participating in any investigation, proceeding, or hearing under SCHAL.
• Coverage applies to employers with 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year (S.C. Code § 1-13-30(d)(iii)).

Remedies and Procedures:

• An employee who believes they have been retaliated against must file a charge with SCHAC. The Commission is empowered, after finding a violation, to order "such relief as in the judgment of the Commission will effectuate the purposes of this chapter," which may include "hiring, reinstatement or upgrading of employees with or without back pay," and other appropriate remedies as specified in S.C. Code § 1-13-90(d)-(e).
• Relief is subject to statutory limitations, including the requirement to file with SCHAC as a precondition to Commission action or court proceedings. Judicial review procedures and limitations are set forth in § 1-13-100.

While the statutory language of SCHAL is broadly similar to the federal Title VII anti-retaliation provision, South Carolina’s protections are grounded in its own statute—the legal analysis should track the state law text.

Source: S.C. Code § 1-13-80(A)(4), S.C. Code § 1-13-30(d)(iii), S.C. Code § 1-13-90, S.C. Code § 1-13-100

After a discrimination charge is filed with the South Carolina Human Affairs Commission (SCHAC), a defined but not wholly rigid sequence follows, as set out in SCHAC’s official publications.

1. Service of the charge (SCHAC aims for 10 days) SCHAC states it aims to serve the respondent with the charge and investigator contact within 10 days of filing—though this figure is an agency benchmark, not a statutory maximum, and some cases may take longer. The service itself starts the administrative process but does not represent a finding of discrimination. Source: SCHAC "Respondent Charge Handling"

2. Investigation, mediation (if offered), and conciliation (about 180 days on average)

• SCHAC assigns an investigator and reviews the claim. Mediation, when offered, is voluntary, informal, and confidential, averaging 84 days, but it is not automatically available or mandatory in every case. If mediation fails or is not offered, SCHAC proceeds with investigation.
• If SCHAC finds reasonable cause, it seeks voluntary resolution through conciliation. If not, the case may be closed or proceed to further agency or hearing action. SCHAC reports an average time from charge receipt to resolution of about 182 days—again, an average, not a statutory deadline, and some proceedings can take longer.

Source: SCHAC "Resolving a Charge"

3. Agency outcome: dismissal, determination, or right-to-sue

• If SCHAC finds no reasonable cause, it dismisses the charge and issues a Notice of Rights. If reasonable cause is found and conciliation fails, SCHAC still typically issues a Notice of Right to Sue unless it pursues the claim on its own.

Source: SCHAC "Respondent Charge Handling"

4. Lawsuit—after agency process or 180 days State law and SCHAC guidance both require claimants to exhaust the SCHAC process or wait 180 days (whichever comes first) before suing in court. After dismissal or failure to resolve within 180 days, the complainant may file in circuit court. SCHAC specifies that this lawsuit must be filed by the earlier of one year from the date of the alleged violation or 120 days from the Notice of Right to Sue. If SCHAC delays beyond the typical timelines, the claimant can request a Notice of Right to Sue after 180 days have elapsed from filing. Source: SCHAC "Complaint Charge Handling"

Summary reference:

• Charge filed → SCHAC aims to notify respondent within ~10 days.
• Investigation, mediation/conciliation → average time to close ~182 days, but may be longer.
• If resolved or dismissed → agency issues Notice of Rights or Right to Sue.
• If 180+ days elapse or upon notice, lawsuit must be filed by the earlier of 1 year from the alleged act or 120 days from right-to-sue notice.

Court filing is only permitted after the SCHAC process or after waiting 180 days; direct filing before exhaustion is not allowed under current SCHAC policy.

Source: SCHAC Respondent Charge Handling, SCHAC Resolving a Charge, SCHAC Complaint Charge Handling

Remedies under South Carolina Human Affairs Law — reinstatement, injunctive relief, and successor employer considerations

Reinstatement and Injunctive Relief If the South Carolina Human Affairs Commission or a court determines that unlawful employment discrimination occurred, the available statutory remedies include hiring, reinstatement, upgrading of employees (with or without back pay), and "other equitable relief as in the judgment of the Commission will effectuate the purposes of this chapter" (S.C. Code § 1-13-90(d)-(e)). Back pay is limited to earnings for up to two years prior to the filing of the complaint, and any amounts the employee actually earned or could have earned with reasonable diligence reduce the back pay awarded (S.C. Code § 1-13-90(e)). The Commission or a court may also grant temporary or permanent injunctive relief to prevent further violation of the law (S.C. Code § 1-13-70(s), § 1-13-90(9)).

Effect of Business Closure or Reduction in Force The statute is silent on whether remedies such as reinstatement or injunctive relief are categorically unavailable if the employer's business has closed or if a bona fide reduction in force has eliminated the employee’s job. The text of the Human Affairs Law does not create a specific exception to these remedies for those circumstances. In similar contexts, courts may consider the practical possibility of reinstatement or fashion equitable remedies according to the facts presented. No express South Carolina statutory or appellate authority addresses this scenario directly.

Remedies Against Successor Employers The South Carolina Human Affairs Law does not include provisions regarding liability or remedies against a successor employer. The statutory text is silent on whether successor employers may be compelled to reinstate or provide relief when they acquire or continue a business found to have engaged in discrimination. As of 2026-07-10, no appellate decisions or Human Affairs Commission regulations directly address successor employer obligations under this law.

Source: S.C. Code § 1-13-90, S.C. Code § 1-13-70(s)