What are my rights against workplace harassment in South Carolina?
1. Federal Floor. Title VII (15+ employees) and Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986), set the federal floor.
2. State Statute & Agency. The South Carolina Human Affairs Law (SCHAL), S.C. Code Ann. § 1-13-10 et seq., is enforced by the South Carolina Human Affairs Commission (SCHAC). SCHAL covers employers with 15 or more employees (§ 1-13-30(d)), mirroring Title VII's threshold.
3. Standard for Hostile Work Environment. South Carolina courts apply the federal "severe or pervasive" standard from Harris v. Forklift Systems, 510 U.S. 17 (1993). The South Carolina Supreme Court has interpreted SCHAL in lockstep with Title VII (Orr v. Clyburn, 277 S.C. 536 (1982)).
4. Protected Categories. Race, religion, color, sex, age (40+), national origin, and disability (§ 1-13-80). South Carolina does not protect sexual orientation or gender identity statewide; federal protection via Bostock v. Clayton County, 590 U.S. 644 (2020).
5. Quid Pro Quo vs Hostile Environment. Faragher v. City of Boca Raton, 524 U.S. 775 (1998), and Burlington v. Ellerth, 524 U.S. 742 (1998), control.
6. Employer Liability. Strict liability for supervisor harassment with tangible action; Faragher/Ellerth affirmative defense available otherwise.
7. Mandatory Training. South Carolina has no statewide harassment-training mandate, though state agencies have internal policies.
8. Filing Deadline. EEOC: 300 days (SC is a deferral state via SCHAC). SCHAC: 180 days (§ 1-13-90(d)(6)). SCHAL court action: 1 year from final SCHAC action.
9. NDA Restrictions. South Carolina has not enacted a broad statewide ban on sexual-harassment NDAs; federal Speak Out Act (2022) voids certain pre-dispute NDAs.
This is legal information, not legal advice.
- The 180-day SCHAC deadline is approaching
- Your harassment relates to sexual orientation/gender identity (must file under federal Title VII)
- You suffered tangible employment action after rejecting advances
- S.C. Code Ann. § 1-13-10 et seq. (SCHAL)
- S.C. Code Ann. § 1-13-80
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.