Age Discrimination Laws in South Carolina: Your Workplace Rights

The Age Discrimination in Employment Act of 1967 (ADEA), 29 U.S.C. § 621 et seq., is the primary federal statute prohibiting age discrimination in employment. The ADEA protects individuals age 40 and older from discrimination in hiring, promotion, compensation, termination, and other terms and conditions of employment. The law applies to employers with 20 or more employees, including private employers, state and local governments, and the federal government itself. The EEOC enforces the ADEA and investigates charges of age discrimination.

The ADEA prohibits discrimination based on age in all aspects of employment, including recruitment, hiring, advancement, compensation, job training, and termination. An employer cannot use age as the basis for an employment decision when the employee is qualified for the position. The law also prohibits age-based harassment and retaliation against individuals who file ADEA charges or participate in ADEA investigations.

Under the ADEA, employees who prevail can recover back pay, front pay (future lost wages), liquidated damages equal to the amount of back pay, compensatory damages for emotional distress or harm to reputation, and attorney fees and costs. The Department of Labor's Wage and Hour Division and the EEOC share enforcement authority, though most age discrimination claims are processed through the EEOC. Employees may also pursue private lawsuits under the ADEA after obtaining a right-to-sue letter from the EEOC or after the EEOC closes its investigation.

South Carolina does not have a separate state law specifically prohibiting age discrimination in employment. South Carolina Code section 1-13-30 provides a general non-discrimination statement, but it does not establish independent remedies or protections beyond those available under federal law. As a result, age discrimination claims in South Carolina are governed exclusively by the federal Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq.

Because South Carolina has no separate state age discrimination statute, the ADEA's threshold of 20 employees applies; there is no lower threshold under state law. The ADEA's definition of the protected class—employees age 40 and older—is the only definition available in South Carolina. This means younger employees (those under 40) have no protection against age discrimination in South Carolina under either state or federal law, even if an employer discriminates based on youth.

When an employee files an age discrimination charge with the EEOC in South Carolina, the EEOC automatically refers the charge to the South Carolina Human Affairs Commission (SCHAC) under the worksharing agreement. However, SCHAC has no independent enforcement authority for age discrimination; it acts only to receive the referral and does not duplicate investigation. The EEOC remains the primary investigating agency, and the investigation and remedies are governed entirely by federal ADEA standards.

South Carolina employees have the same filing deadline as all non-deferral states under federal law: 180 days from the date of the discriminatory act to file an EEOC charge. Unlike some states that have longer filing periods, South Carolina's 180-day deadline is the standard federal baseline. Remedies available include back pay, front pay, liquidated damages, compensatory damages, and attorney fees—all federal ADEA remedies. South Carolina does not add state-specific damages or remedies.

South Carolina age discrimination law contains no unique exceptions beyond those in the federal ADEA. The ADEA allows employers to take adverse employment actions based on age if the employer can demonstrate that age is a bona fide occupational qualification (BFOQ) reasonably necessary to the normal operation of the business. BFOQs are extremely narrow and rarely apply; courts interpret them strictly. An employer might succeed on a BFOQ defense only in rare circumstances, such as a position requiring age as a genuine occupational requirement, but this is not common in practice.

The ADEA also permits differential treatment based on reasonable factors other than age (RFOA). An employer may defend an age-based decision by proving that the decision was based on a legitimate, non-age-based reason such as poor performance, documented misconduct, or a nondiscriminatory reduction in force (RIF). However, the employer bears the burden of proof. If an older worker can show that age was a motivating factor in the employer's decision, the burden shifts to the employer to prove it would have made the same decision regardless of age.

The ADEA does not protect employees under age 40 from age-based discrimination in South Carolina or elsewhere. An employer can legally discriminate against younger workers based on age; federal law provides no protection. The ADEA also does not apply to employers with fewer than 20 employees, so employees of very small businesses in South Carolina have no ADEA protection. Additionally, the ADEA does not cover independent contractors, only employees. Military service members are covered by the Uniformed Services Employment and Reemployment Rights Act (USERRA) but age discrimination claims by military members still proceed under ADEA principles if age is the basis of the claim.

Step 1: Document the discrimination immediately and comprehensively. Keep a detailed written record of all dates, times, and specific words spoken by supervisors or managers that reflect age bias or discriminatory intent. Document performance reviews, emails, and memos showing your qualifications and positive work history. Save written communications in which the employer references your age, uses age-related slurs ("too old," "outdated," "new blood," "young energy"), or compares you unfavorably to younger workers. Preserve comparator data: collect names and job titles of younger workers who were treated more favorably in hiring, promotion, termination, or compensation decisions. Take screenshots or photos of any visual evidence, such as age-related jokes posted in the workplace or communications showing the employer's age preference.

Step 2: Report the discrimination internally if your employer has an anti-discrimination complaint procedure. Review your employee handbook for the anti-discrimination or harassment policy and follow the stated procedure exactly. Send a written complaint to Human Resources or the designated complaint officer, describing the discriminatory acts, the dates they occurred, and the names of witnesses. Keep a copy of your internal complaint and any response from HR. Internal complaints do not reset your filing deadline with the EEOC, but they may support your claim by showing the employer had notice of the problem and failed to remedy it. If your employer retaliates against you for filing an internal complaint, that retaliation is itself a violation of the ADEA.

Step 3: File an EEOC charge with the Equal Employment Opportunity Commission. In South Carolina, the EEOC has a field office in Charleston. You must file your charge within 180 days of the discriminatory act or the last discriminatory act in a continuing series. You can file online at www.eeoc.gov/charge, by mail to the Charleston EEOC office at 81 Mary Street, Charleston, SC 29403, or by phone at 843-744-9440. Provide your name, address, phone, email, employer's name and address, description of the discrimination including specific dates and individuals involved, and the harm you suffered. Include that you are age 40 or older and that you believe the action was motivated by age. File as soon as possible; waiting until day 179 risks losing your claim if there is any dispute about the date you became aware of the violation.

Step 4: Expect the EEOC investigation to take 180–365 days or longer, depending on workload. The EEOC will acknowledge your charge in writing and assign it an intake number. The agency automatically refers your charge to the South Carolina Human Affairs Commission under the worksharing agreement, but SCHAC does not conduct a separate investigation; it simply receives the referral. The EEOC investigates by requesting documents from your employer (payroll records, performance reviews, hiring records, communications), interviewing you and potential witnesses, and sending written interrogatories to your employer. You will receive updates from the EEOC periodically; respond promptly to all requests for information. If the EEOC finds reasonable cause to believe discrimination occurred, it will attempt to conciliate (settle) your claim between you and the employer. If conciliation fails, the EEOC will issue a right-to-sue letter allowing you to file a private lawsuit in federal court within 90 days.

Step 5: Consult with an employment attorney experienced in age discrimination cases as soon as possible, ideally before filing your EEOC charge. An attorney can advise on the strength of your claim, help you prepare your charge to maximize your evidence, and represent you during EEOC investigation and conciliation. Many employment attorneys work on a contingency fee basis for discrimination cases, meaning you pay no upfront fees if you lose, but the attorney receives a percentage (typically 25–33%) of your recovery if you win or settle. An attorney is especially important if the EEOC issues a right-to-sue letter, because federal litigation requires strict compliance with procedural rules, and an attorney can evaluate whether to litigate or continue negotiation. If your employer is large or well-resourced, having attorney representation signals seriousness and increases settlement leverage.