How to Handle Employment Discrimination in South Carolina

Employment discrimination is a serious issue that affects many individuals in South Carolina. If you believe you have experienced discrimination based on race, gender, age, disability, or any other protected characteristic, it is crucial to know your rights and the steps you can take to address the situation effectively.

Understanding your rights is the first step in handling employment discrimination. Under both federal and South Carolina state law, employees are protected from discrimination in hiring, firing, promotions, and workplace conditions. The South Carolina Human Affairs Commission (SCHAC) enforces these laws at the state level.

Here are the steps to take if you believe you are a victim of employment discrimination:

1. Document Everything

The first action you should take is to document your experiences. Keep detailed records of any discriminatory incidents, including dates, times, locations, witnesses, and the nature of the discrimination. Gather any relevant emails, performance reviews, or other documentation that supports your case.

2. Review Company Policies

Familiarize yourself with your employer's policies on discrimination and harassment. Most companies have an employee handbook or policies outlining the procedures for reporting discrimination. Understanding these policies can guide you on how to proceed and what channels to use for reporting your concerns.

3. Speak to Your Employer

If you feel safe doing so, consider addressing the issue directly with your supervisor or human resources (HR) department. Outline your concerns and provide the documentation you have gathered. Many companies have a process for handling such complaints internally, which may lead to a resolution without the need for further action.

4. File a Complaint

If internal resolution is not effective, you can file a formal complaint. In South Carolina, you can file a discrimination claim with the SCHAC within 180 days of the discriminatory act. You may also choose to file a charge with the Equal Employment Opportunity Commission (EEOC), which offers a similar service on a federal level.

5. Seek Legal Advice

If you are unsatisfied with the outcome of your complaint or if your situation warrants further action, it may be advisable to seek legal counsel. An attorney who specializes in employment law can help you understand your rights, evaluate your case, and determine the best course of action.

6. Stay Informed and Know the Time Limits

Be aware of the time limits for filing a discrimination claim. In South Carolina, the window to file with the SCHAC is 180 days, while the EEOC has a 300-day limit if state laws also apply. Missing these deadlines can result in the loss of your right to pursue the claim.

7. Protect Yourself from Retaliation

It’s essential to understand that the law protects you from retaliation for reporting discrimination. Retaliation can include demotion, harassment, or even termination. If you experience retaliation after filing a complaint, document these incidents and consider discussing them with your attorney.

Conclusion

Employment discrimination is a serious issue, but knowing how to handle it can empower you to take action. By documenting incidents, following company procedures, and understanding your legal rights, you can navigate the complexities of discrimination claims in South Carolina. Remember that support is available, whether through HR, legal counsel, or advocacy groups dedicated to fighting discrimination.