Best Job Discrimination Lawyers in South Carolina

About Job Discrimination Law in South Carolina, United States

Job discrimination occurs when an employer treats an employee or job applicant unfavorably because of characteristics such as race, color, religion, sex, national origin, age, disability, or genetic information. In South Carolina, as in the rest of the United States, both federal and state laws protect workers from certain kinds of discrimination in the workplace. These protections apply to many aspects of employment, including hiring, firing, pay, job assignments, promotions, training, and other terms or conditions of employment.

Why You May Need a Lawyer

Many people do not realize they are experiencing job discrimination or may not know how to address the issue effectively. You might need a lawyer if you:

• Believe you were not hired, were demoted, or fired based on a protected characteristic, such as race or gender
• Are facing harassment at work linked to religion, age, disability, or other protected status
• Have witnessed retaliation after making a complaint about workplace discrimination
• Need help understanding your rights and the complaint process
• Are being pressured to resign or faced with unfavorable working conditions after raising discrimination concerns
• Want to negotiate a settlement, reinstatement, or specific remedies after discrimination has occurred

Local Laws Overview

South Carolina protects workers under both federal and state laws:

• Federal Laws: These include Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), and the Genetic Information Nondiscrimination Act (GINA). These laws apply to employers with 15 or more employees and protect against discrimination based on race, color, religion, sex, national origin, age (40 or older), disability, and genetic information.
• South Carolina Human Affairs Law: This state law prohibits employment discrimination based on race, religion, color, sex, age, national origin, or disability for employers with 15 or more employees. The South Carolina Human Affairs Commission (SCHAC) is the agency that enforces these laws in the state.
• Harassment and Retaliation: Both federal and state laws prohibit harassment based on a protected characteristic, and bar employers from retaliating against employees who file complaints or participate in investigations.

Frequently Asked Questions

What is job discrimination?

Job discrimination means unfair treatment of an employee or applicant based on a protected characteristic rather than job performance or qualifications.

What protected characteristics are covered in South Carolina?

Protected characteristics include race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability, and, under federal law, genetic information.

How do I file a job discrimination complaint in South Carolina?

Complaints can be filed with either the South Carolina Human Affairs Commission (SCHAC) or the Equal Employment Opportunity Commission (EEOC). Filing with one agency typically notifies the other.

Is there a deadline to file a complaint?

Yes. In most cases, you must file a job discrimination complaint within 180 days of the alleged discriminatory act.

Can I be fired for reporting discrimination?

No. Both federal and state laws protect you from retaliation if you participate in discrimination investigations or file a complaint.

Does job discrimination law cover small businesses?

Generally, employers with at least 15 employees are covered by most job discrimination laws. Some specific types of claims, such as age discrimination, may have different coverage thresholds.

What should I do if my employer retaliates against me?

Document all actions, communications, and responses, then contact an attorney or file a complaint with SCHAC or the EEOC for protection from unlawful retaliation.

What evidence do I need to prove job discrimination?

Keep detailed records, including emails, performance evaluations, witness statements, and any notices or communications related to hiring, firing, promotions, or other employment actions.

Is harassment considered a form of discrimination?

Yes. Harassment that creates a hostile or offensive work environment based on a protected characteristic is a form of illegal job discrimination.

Can I settle a job discrimination claim out of court?

Yes. Many discrimination claims are resolved through negotiations, mediation, or settlement agreements without going to court.

Additional Resources

If you need more information or assistance, these agencies and organizations can help:

• South Carolina Human Affairs Commission (SCHAC): The state agency that investigates and enforces state job discrimination laws.
• Equal Employment Opportunity Commission (EEOC): The federal organization that enforces federal job discrimination laws.
• Legal Aid Services: Some legal aid organizations in South Carolina provide free or low-cost legal advice and representation for those who qualify.
• U.S. Department of Labor: Offers general workplace rights information.
• South Carolina Bar Association: Helps with finding a qualified labor or employment attorney in your area.

Next Steps

If you believe you have experienced job discrimination in South Carolina, consider the following steps:

• Keep detailed records of the discriminatory events, including dates, people involved, and any relevant documentation.
• Review your company's internal complaint process and consider reporting the issue to your employer or human resources department.
• Contact the South Carolina Human Affairs Commission or the EEOC to start the complaint process.
• Consult an experienced employment law attorney who can help assess your case, provide legal advice, and represent you throughout the investigation or court process.
• Be timely. Remember, there are strict filing deadlines for discrimination complaints.