How South Carolina Handles Employment Discrimination Claims

In South Carolina, employment discrimination claims are taken seriously, as the state has established several laws and procedures to protect employees from unfair treatment based on specific characteristics. Understanding how these claims are handled can help individuals navigate the complex process of seeking justice and relief.

Firstly, it’s essential to grasp what constitutes employment discrimination. In South Carolina, it is illegal for employers to discriminate against employees or job applicants based on race, color, religion, sex, national origin, age (40 or older), disability, or familial status. These protections are enforced under both federal law, particularly Title VII of the Civil Rights Act, and state law, like the South Carolina Human Affairs Law.

If an employee believes they have been subjected to discrimination, the first step is to file a complaint with the appropriate agency. In South Carolina, this is typically done through the South Carolina Human Affairs Commission (SCHAC). Individuals have up to 300 days from the date of the discriminatory act to file their charges with SCHAC, which investigates claims of discrimination and facilitates resolutions.

Upon receiving a complaint, the SCHAC will conduct an investigation to determine the validity of the allegations. This process includes gathering facts, reviewing evidence, and interviewing involved parties. The commission aims to reach a resolution through mediation, but if that is not successful, they will issue a "right to sue" letter, allowing the complainant to file a lawsuit in state or federal court.

Additionally, it's advisable for individuals filing an employment discrimination claim to document all related incidents meticulously. This can include emails, performance reviews, eyewitness accounts, and any other relevant information. Having clear evidence is crucial in establishing the framework for a discrimination claim.

Once an employee decides to take legal action, the burden of proof rests on the plaintiff to demonstrate that discrimination occurred. The employee must prove that the discriminatory act was based on the protected characteristic and that it substantially affected their employment. Common remedies for discrimination may include reinstatement, monetary damages, back pay, and even changes to company policies to prevent future discrimination.

Furthermore, individuals pursuing these claims may wish to seek legal assistance. An experienced attorney specializing in employment discrimination can provide invaluable guidance and representation throughout the complaint process, negotiations, or court proceedings.

In addition to the SCHAC, employees may also file a complaint with the Equal Employment Opportunity Commission (EEOC), which oversees federal employment discrimination laws. Filing with both agencies does not represent a conflict, as many allegations can be handled concurrently.

Moreover, South Carolina has additional protections against retaliation for individuals who report discrimination or participate in an investigation. Employers are prohibited from punishing employees for asserting their rights, creating a safer environment for individuals to come forward with their claims.

In summary, South Carolina offers a structured framework to handle employment discrimination claims through the SCHAC and related legal avenues. Employees who believe they have been discriminated against should take proactive steps to document their experiences and seek the necessary assistance to advocate for their rights effectively.