labor lawAdivision of labor law center

In regards to employment discrimination laws in the workplace, I have to say that South Carolina seems to be right in line with many southern states. That is, they have minimal laws and do not expand covered from that of the federal standards. South Carolina’s employment discrimination laws in the workplace make it illegal to discriminate on the basis of age, color, disability, national origin, race, religion, and sex.

Claims in South Carolina can be filed with one of two agencies: the state agency, the South Carolina Human Affairs Commission (SHAC), or the federal agency, the Equal Employment Opportunity Commission (EEOC). These agencies will work together to resolve you claim as long as you file in one agency and request that your claim be cross-filed with the other. The SHAC can be contacted at (800) 521-0725 or TDD: (803) 253-4125 and the EEOC can be contacted at (864) 241-4400 or TTY: (864) 241-4403.

Claims through the SHAC must be filed within 180 days of the date of the discriminatory act while you have 300 days of this act to file with the EEOC. Because of the difference in deadlines it is best to first file through the SHAC and then have them cross-file your claim with the EEOC. File early to avoid delays due to legalities in the filing process as these delays can push your past the deadline. Retaining an attorney is a big help, but is not required.

If your claim is not resolved by these agencies, you may need to pursue it in court. In both state and federal cases, you must first file with the appropriate agency and receive a release from that agency. The EEOC will release your claim by giving you one of two documents: “Dismissal and Notice of Rights,” or “Right to Sue.” A claim filed in federal court must be filed within 90 days of receiving either of the above documents. If the release document from the SHAC gives a ‘no cause’ finding, you will not be allowed to pursuer the case in court. Lawsuits filed in South Carolina’s state court system have a 120 day time limit from the date that you received the SHAC dismissal notice, “Right to Sue.”

If you live in South Carolina, about the only thing that you have aside from the standards set by the federal government is that you can pursue your discrimination claim through state statutes as well as federal statutes.

Last 10 posts by Karen

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• Texas ( TX ) Employment Discrimination Law in the Workplace - August 25th, 2006
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