Best Sexual Harassment Lawyers in South Carolina

About Sexual Harassment Law in South Carolina, United States

Sexual harassment is a form of unlawful discrimination that can take place in the workplace, schools, housing, and other public environments. In South Carolina, sexual harassment is not just inappropriate behavior - it is a legal violation. The law defines sexual harassment as unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that impacts a person's employment, interferes with their work performance, or creates a hostile, intimidating, or offensive environment. Both federal and state laws provide protections against sexual harassment, ensuring that individuals have the right to work and learn without fear of unwanted sexual conduct.

Why You May Need a Lawyer

Experiencing or being accused of sexual harassment can have significant personal and professional consequences. You may need a lawyer if:

• You are subjected to unwelcome sexual remarks, advances, or physical contact at your workplace or educational institution.
• Your employer fails to address your complaints of harassment or retaliates against you for reporting the behavior.
• You are accused of sexual harassment and want to defend your rights or reputation.
• You are uncertain about whether particular behavior constitutes sexual harassment under the law.
• You want to file a claim with a government agency such as the Equal Employment Opportunity Commission (EEOC) or the South Carolina Human Affairs Commission (SCHAC).
• You need help understanding your legal rights and options after experiencing sexual harassment.

Local Laws Overview

In South Carolina, sexual harassment is primarily addressed through Title VII of the Civil Rights Act of 1964 and the South Carolina Human Affairs Law. These laws protect workers and students from harassment based on gender or sex. Key aspects include:

• Both quid pro quo and hostile work environment harassment are recognized under South Carolina and federal law.
• Employers of 15 or more employees are covered by discrimination laws, but some protections may still apply to smaller workplaces.
• Victims must usually file a charge with the EEOC or SCHAC before bringing a lawsuit, and strict deadlines apply - typically 180 days from the date of the most recent harassment.
• Retaliation for reporting sexual harassment is prohibited by law.
• Employers are required to take reasonable steps to prevent and correct harassment. If an employer fails to do so, they can be held liable.
• Remedies may include reinstatement, back pay, damages for emotional distress, or changes in workplace policies.

Frequently Asked Questions

What is considered sexual harassment in South Carolina?

Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that affects employment, work performance, or creates a hostile environment.

Can my employer fire me for reporting sexual harassment?

No. It is illegal for your employer to retaliate against you for reporting sexual harassment or participating in an investigation. Retaliation can include firing, demotion, harassment, or other negative job actions.

How do I report sexual harassment in my workplace?

Start by following your employer’s internal complaint procedure, often found in the employee handbook. You may also file a complaint with the EEOC or the South Carolina Human Affairs Commission if the issue is not resolved.

Is there a deadline to file a sexual harassment complaint?

Yes. Generally, you must file a charge within 180 days of the last act of harassment. Some circumstances might extend this deadline, so consult an attorney as soon as possible.

Does sexual harassment only occur between a supervisor and an employee?

No. Sexual harassment can occur between coworkers, clients, customers, supervisors, or even third parties present in the workplace.

What types of damages can I recover if I win a sexual harassment case?

Available remedies may include lost wages, back pay, reinstatement to your position, compensation for emotional distress, and sometimes punitive damages or changes in employer policies.

Does sexual harassment have to involve physical conduct?

No. Verbal harassment such as unwanted remarks, jokes, or propositions can also constitute sexual harassment if it is severe or pervasive.

I am being harassed but fear retaliation. What should I do?

You have legal protections against retaliation. Document incidents, notify your employer using official channels, and consider consulting an attorney to protect your rights.

Can men file sexual harassment claims?

Yes. Sexual harassment laws protect people of any gender. Anyone subjected to unwelcome sexual conduct may have a valid claim, regardless of their gender or the harasser's gender.

What if the harassment happened outside work hours or off company property?

Harassment related to your workplace or done by coworkers, supervisors, or clients can still be actionable, even if it happens outside normal work hours or work locations.

Additional Resources

If you are seeking guidance or support, the following organizations can help:

• South Carolina Human Affairs Commission (SCHAC) - Handles employment discrimination complaints.
• Equal Employment Opportunity Commission (EEOC) - Federal agency enforcing sexual harassment and discrimination laws.
• South Carolina Coalition Against Domestic Violence and Sexual Assault - Provides support and advocacy.
• Legal Aid Services and local bar associations - May offer attorney referrals or free legal advice.
• Workplace Ombudsman or Human Resources personnel at your employer.

Next Steps

If you believe you have experienced sexual harassment or have been accused of harassment in South Carolina, gather documentation of all incidents, including dates, times, witnesses, and any correspondence. Review your workplace or school's policies on harassment. Report the incident through official channels as soon as possible. If the situation is not resolved, or if you are unsure about your rights or the process, consider contacting an experienced employment law attorney or one of the organizations listed above. Acting quickly helps protect your rights and ensures you meet critical deadlines for filing formal complaints.

Remember, you do not have to face sexual harassment alone. Legal professionals and advocacy organizations can help guide you through the process and work toward a safe and fair resolution.