Illegal Interview Questions in South Carolina: What Employers Cannot Ask

Federal law establishes strict limits on interview questions across the United States. Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, prohibits employers from asking questions based on race, color, religion, sex, or national origin to any applicant, regardless of job type. The law applies to employers with 15 or more employees. The Americans with Disabilities Act (ADA), 42 U.S.C. § 12111 et seq., restricts employers from asking disability-related questions or requiring medical examinations until after a conditional job offer has been made.

The Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 623, protects individuals 40 and older from age-based inquiries. The Genetic Information Nondiscrimination Act (GINA), 29 U.S.C. § 2087, explicitly prohibits employers from requesting, requiring, or purchasing genetic information about job applicants. The EEOC enforces these laws and investigates complaints. Remedies for violations include back pay, front pay, compensatory damages for emotional distress, and punitive damages in cases of intentional discrimination. Employers are also required to pay the employee's attorney fees and court costs in successful discrimination cases.

South Carolina's primary employment discrimination statute is the South Carolina Human Affairs Law, S.C. Code § 1-13-10 et seq., which is generally aligned with federal law but has a lower employer threshold. South Carolina's law applies to employers with 5 or more employees, compared to the federal threshold of 15 employees. This means smaller South Carolina employers are covered under state law even if they fall below the federal threshold.

Under S.C. Code § 1-13-30, it is unlawful for an employer to refuse to hire, discharge, or otherwise discriminate against individuals based on race, color, religion, sex, national origin, disability, or genetic information. The state law does not explicitly list age as a protected characteristic in hiring; however, federal ADEA protections still apply to covered employers. South Carolina's law does not provide additional categories of protection beyond federal law (such as sexual orientation or gender identity protections that exist in some states).

South Carolina Code § 34-11-2 specifically prohibits the use of polygraph (lie detector) tests in pre-employment screening, which is a stronger state-specific protection. Employers in South Carolina cannot require job applicants to take lie detector tests as part of the hiring process. Additionally, South Carolina has restrictions on inquiries about criminal history. While the state does not have a comprehensive "ban the box" law, employers are cautioned that blanket exclusions of individuals with criminal records may violate disparate impact discrimination principles.

The South Carolina Human Affairs Commission (SCHAC) enforces state employment discrimination laws. Remedies available under state law include back pay, reinstatement (if applicable), compensatory damages, and punitive damages. Employees must file complaints with the SCHAC within 180 days of the discriminatory act, though this deadline may be extended if the employer engages in concealment. The state law does not allow for a private right of action; complaints must go through the administrative process first.

South Carolina law and federal law contain specific exceptions to interview question restrictions. Questions about protected characteristics are permissible if they are bona fide occupational qualifications (BFOQs) directly related to the job. For example, an employer hiring for a position requiring Spanish-language proficiency may ask about national origin-related language skills if Spanish fluency is essential to job performance.

Exceptions exist for religious organizations hiring for roles that involve religious instruction or leadership; these employers may inquire about religious beliefs and practices. Military positions or positions requiring security clearances may allow questions about citizenship status, criminal convictions (not arrests), or financial history that would otherwise be off-limits.

The ADA permits employers to ask about general ability to perform job functions but not about the applicant's disability status or specific medical conditions before a conditional offer. After making a conditional job offer, employers can conduct medical examinations and ask medical questions, provided they are job-related and consistent with business necessity.

South Carolina does not have a comprehensive carve-out for at-will employment in the interview context; discrimination laws apply regardless of at-will status. Union-represented positions may be subject to collective bargaining agreements that impose additional interview restrictions or procedural requirements.

Questions about arrest records are restricted in South Carolina as they often have a disparate impact on protected classes. However, questions about convictions (not arrests) may be permissible if job-related. Employers cannot categorically exclude all individuals with conviction histories; they must conduct an individualized assessment. Questions about credit history, bankruptcy, or wage garnishments are permissible absent a direct job-related necessity, though federal bankruptcy law (11 U.S.C. § 525) prohibits employment discrimination based solely on bankruptcy status.

Step 1: Document Everything from the Interview

Immediately after the interview, write down all questions asked by the interviewer, the exact wording if possible, and the context. Note the date, time, location, names of all interviewers present, and the job title for which you were interviewing. If other candidates were interviewed, document whether they were asked different questions or whether the same questions were asked uniformly. Keep copies of all written communications from the employer (emails, job postings, application forms, interview confirmations). Save any audio or video recordings if the interview was conducted remotely and you recorded it (verify state law permits single-party recording in South Carolina—it does). Create a timeline documenting when you learned you were not hired and any feedback received.

Step 2: Report Internally and Preserve Evidence

If the employer has an internal complaint procedure or HR department, file a written complaint immediately describing the improper questions, the date, and the impact on your candidacy. Send this complaint via email to ensure a paper trail. Request written confirmation that your complaint was received. Do not resign or take any action that might be interpreted as accepting the outcome. Continue to preserve all evidence, including emails, text messages, and documentation of any retaliation or adverse treatment if you remain in contact with the employer.

Step 3: File a Charge with South Carolina Human Affairs Commission

You must file a charge of discrimination with the South Carolina Human Affairs Commission (SCHAC) within 180 days of the alleged discrimination. The deadline is strict; filing after 180 days will result in loss of state remedies (though federal EEOC filing may have different deadlines—see below). You can file online at the SCHAC website (www.schac.sc.gov) or in person at the SCHAC office located at 1026 Sumter Street, Columbia, SC 29201. Provide detailed information: your name, address, phone, and email; the employer's name and address; the date of the interview; the specific questions asked that violated the law; which protected characteristic was implicated (race, sex, disability, etc.); and how the discrimination affected you (denial of employment).

Step 4: Concurrent EEOC Filing (Federal Protection)

If the employer has 15 or more employees, you should also file with the Equal Employment Opportunity Commission (EEOC) within 180 days of the discrimination. South Carolina is a "deferral state," meaning the EEOC will automatically defer your case to the SCHAC for 60 days while the state processes it. You can file with the EEOC online at www.eeoc.gov or by mail to the Charlotte District Office (if closer to your location). Filing with the SCHAC may automatically initiate EEOC processing due to worksharing agreements, but confirm this in writing. The federal deadline is 180 days, so meet this deadline to preserve all options.

Step 5: Expect Investigation and Provide Information

After filing, the SCHAC or EEOC will contact you within 10–15 business days to acknowledge receipt and explain next steps. An investigator will be assigned. You will be asked to provide detailed written statements, supporting documentation, and may be contacted for follow-up interviews. The agency will then contact the employer to obtain their version of events, interview records, and evidence about interview questions, hiring criteria, and how other candidates were treated. This investigation typically takes 60–180 days. Respond promptly to all agency requests; delays or missing information can weaken your case. If the employer retaliates against you for filing (e.g., refuses to hire you in the future, tells others you filed a complaint), document this immediately and report it to the agency.

Step 6: Determination and Administrative Appeal

After investigation, the SCHAC will issue a "Determination" stating whether there is probable cause to believe discrimination occurred. If the determination is unfavorable, you have 30 days to request a hearing before an administrative law judge. If favorable, the SCHAC will seek resolution with the employer (conciliation). If conciliation fails, the case may proceed to civil litigation. Review the determination carefully and keep copies of all correspondence.