Color Discrimination Laws in South Carolina: Know the Difference From Race Discrimination

Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, prohibits employers from discriminating against employees based on color. The EEOC, the federal enforcement agency, broadly interprets color discrimination to include adverse employment actions based on skin tone, complexion, or other physical characteristics associated with race, even when both the employer and employee share the same race. This protection applies to employers with 15 or more employees.

Color discrimination can occur in hiring, promotion, compensation, discipline, scheduling, work assignment, and termination decisions. The discrimination must be intentional, but the employee need not prove that color was the sole factor—it only needs to be a contributing factor in the adverse employment action. Federal law provides for injunctive relief, back pay, front pay, compensatory damages for emotional distress and reputational harm, and punitive damages when the employer acts with malice or reckless indifference.

The EEOC investigates charges and may issue a Right to Sue letter, which allows private litigation in federal court. The statute of limitations for filing suit after receiving a Right to Sue is generally three years, though the discovery rule may extend this in some circumstances.

South Carolina's anti-discrimination law, S.C. Code Ann. § 1-13-30, incorporates color discrimination protection as part of its prohibition on racial discrimination. The statute states that it is unlawful for an employer to refuse to hire, promote, or otherwise discriminate against any person with respect to compensation, terms, conditions, or privileges of employment because of such person's race, which includes color. This state protection mirrors federal Title VII language and has been interpreted consistently with federal precedent.

Under South Carolina law, employers with eight or more employees are covered by the state's human relations protections. This is a lower threshold than the federal 15-employee requirement, meaning some smaller South Carolina employers who fall outside Title VII coverage may still be liable under state law for color discrimination. State law provides an additional avenue for relief and allows for both state-level administrative proceedings and private litigation.

South Carolina law provides remedies including actual damages (back pay and front pay), compensatory damages for emotional distress, and reasonable attorney's fees and costs to the prevailing party. The state has not created any carve-outs or special defenses unique to color discrimination that differ from federal standards. South Carolina courts apply the same burden-shifting framework established in McDonnell Douglas Corp. v. Green to evaluate color discrimination claims, requiring the claimant to establish a prima facie case, then placing the burden on the employer to articulate a legitimate, non-discriminatory reason, and allowing the claimant to prove that reason is pretextual.

The South Carolina Human Relations Commission (SCHRC) has authority to receive and investigate complaints of discrimination under state law. Unlike some states, South Carolina does not require exhaustion of administrative remedies before filing suit in circuit court, though filing an administrative complaint may toll statutes of limitations.

South Carolina law permits employers to make employment decisions based on color only when color is a bona fide occupational qualification (BFOQ). Courts interpret this exception narrowly, and it rarely applies outside narrow industries like entertainment or fashion modeling where appearance is essential to the role. The BFOQ defense has been rejected in cases involving law enforcement, healthcare, and most service sector jobs.

Employers may defend against color discrimination charges by proving they treated the employee the same way employees of other colors with similar qualifications were treated in similar circumstances. Legitimate, non-discriminatory reasons—such as documented poor performance unrelated to color, violation of workplace rules applied uniformly, or economic reasons for layoffs—may serve as defenses if supported by evidence contemporaneous with the decision.

South Carolina recognizes the at-will employment doctrine, meaning employers can generally terminate employees for any reason or no reason. However, they cannot terminate based on color. The at-will doctrine does not override anti-discrimination law. Additionally, South Carolina does not recognize a special carve-out for independent contractors under color discrimination law; the analysis depends on whether the worker is truly independent or is an employee under standard legal tests.

Discriminatory motive must generally be proven through direct evidence (explicit statements) or circumstantial evidence (temporal proximity, inconsistent application of policies, pretext). Statistical evidence showing a pattern or practice of color discrimination may support a class action claim but is not necessary in individual cases.

Step 1: Document the Discrimination. Keep detailed records of every incident—dates, times, locations, what was said or done, who was present, and how it affected your employment. Save emails, text messages, performance reviews, pay stubs, and any written policies the employer applied inconsistently. Photograph any physical evidence. Note the skin tone or complexion-related comments made by supervisors or coworkers. Document how similarly situated employees of other colors were treated differently. Create a timeline showing when you were excluded from opportunities, passed over for promotion, or disciplined compared to colleagues. Request and retain any documentation the employer creates, such as investigation reports or disciplinary records.

Step 2: Internal Complaint Process. File a formal written complaint with your employer's HR department or designated complaint officer, if one exists. Use the company's internal complaint procedure if available, even though it is not legally required. Provide specific facts, dates, and names in the complaint. Request a written response and keep copies of everything. Internal complaints create a record and may preserve evidence, though they do not stop the clock on EEOC filing deadlines. If the employer has a policy prohibiting retaliation for complaints, this strengthens your position. However, do not delay filing with the EEOC while waiting for an internal investigation, as the EEOC deadline will not be extended.

Step 3: File an EEOC Charge. Contact the EEOC's Charlotte District Office, which serves South Carolina. You can file online at eeoc.gov, by mail, or in person. The Charlotte office is located at 129 W. Trade Street, Charlotte, NC 28202. Phone: (704) 344-6682. You must file within 300 days of the most recent discriminatory act. The EEOC will ask for your name, address, phone, the employer's name and address, a description of the discrimination, the date it began, and any witnesses. You do not need an attorney to file. Request that the EEOC also dual-file your charge with the South Carolina Human Relations Commission (SCHRC) to preserve your state law claims. The SCHRC's mailing address is 1026 Sumter Street, Columbia, SC 29201. Phone: (803) 737-7800.

Step 4: Investigation Process. The EEOC will assign your charge to an investigator, typically within 60 days of filing. The investigator will contact the employer and request information about their hiring, promotion, and termination practices, as well as payroll records and personnel files. You may be asked to provide a written statement or participate in an interview. The employer will be given an opportunity to respond. This phase typically lasts 60 to 180 days. You have the right to monitor the investigation's progress by contacting your investigator. After investigation, the EEOC will issue a determination letter stating whether there is reasonable cause to believe discrimination occurred. If the EEOC finds reasonable cause, it may attempt conciliation. If conciliation fails, the EEOC may file suit on your behalf or issue a Right to Sue letter, which allows you to sue privately within 90 days.

Step 5: Consult an Attorney. Consider consulting a civil rights attorney early—either immediately after filing with the EEOC or if the EEOC issues a Right to Sue letter. You should hire an attorney who specializes in employment discrimination law and has experience with Title VII and South Carolina discrimination claims. Many employment attorneys work on a contingency basis, meaning they are paid only if you win. An attorney can evaluate whether your case has strong evidence, estimate potential damages, negotiate a settlement, and represent you in litigation if necessary. Do not wait until the 90-day Right to Sue window is closing to consult counsel, as good lawyering requires time to investigate, develop evidence, and draft pleadings.