Discrimination - Other - South Carolina

Summary of differences between federal and state regulations

The federally protected classes in employment discrimination include race, color, religion, national origin, age (40 and over), sex (including pregnancy, sexual orientation, and gender identity), disability, and genetic information.

The South Carolina Human Affairs Law identifies the following protected classes for purposes of employment discrimination:

• Race,
• Color,
• Religion (all aspects of religious observance and practice, as well as belief),
• Sex (including pregnancy, childbirth, lactation, or related medical condition),
• National origin (includes ancestry),
• Age (40 or older), and
• Disability (physical or mental impairment that is not job-related and necessary to the operation of the business; does not include an applicant or employee who is currently engaging in the illegal use of drugs, i.e., controlled substance).

South Carolina also prohibits employers from:

• Retaliation (because an employee complained about discrimination, filed a charge, or participated in an investigation or lawsuit); and
• Taking personnel actions based on the use of tobacco products outside of the workplace.

A state discrimination action can be brought against an employer with 15 or more employees.

State

Related information

Protected classes ezExplanation

Contact

Human Affairs Commission

Regulations

S.C. Code Ann. § 1-13-80 State Human Affairs Commission; Unlawful employment practices; exceptions

S.C. Code Ann. § 1-13-30 State Human Affairs Commission; Definitions South Carolina Annotated Code §41-1-85

Federal

Contact

Equal Employment Opportunity Commission (EEOC)

Regulations

See applicable discrimination topic.