Pregnancy Discrimination Laws in South Carolina: Your Rights

The Pregnancy Discrimination Act (PDA), codified in Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e(k)), prohibits discrimination based on pregnancy, childbirth, or related medical conditions. The PDA applies to employers with 15 or more employees, including those in South Carolina. Under federal law, discrimination includes firing, demotion, denial of promotion, reduction in pay, adverse scheduling, denial of benefits, or any other adverse employment action motivated by pregnancy. Pregnancy must be the motivating factor—the employer's decision would not have been made but for the pregnancy.

The EEOC enforces the PDA and investigates charges filed within 180 days in non-deferral states. However, South Carolina is a deferral state, meaning charges must be filed with the state agency first (South Carolina Commission on Human Affairs) within 300 days, then cross-filed with the EEOC. If the state agency fails to resolve the charge within 60 days, the charge is automatically referred to the EEOC.

Federal remedies include back pay, reinstatement, front pay (future lost wages), compensatory damages for emotional distress and humiliation, punitive damages (capped at $300,000 for employers with 500+ employees), and attorney's fees and costs. The employee must prove the adverse action occurred and that pregnancy was a substantial motivating factor; the employer can defend by showing legitimate, non-discriminatory reasons unrelated to pregnancy.

South Carolina Code § 1-13-30 mirrors federal Title VII protections by prohibiting employment discrimination based on race, color, religion, sex, and national origin. While the statute does not explicitly mention pregnancy by name, South Carolina courts and the SCHAC interpret 'sex' discrimination to encompass pregnancy discrimination consistent with the federal PDA. This means state law does not provide stronger or broader pregnancy protections than federal law—they operate at the same level.

Employers covered under South Carolina state law are those with 15 or more employees working for 20 or more weeks in a calendar year, matching the federal Title VII threshold. The SCHAC (South Carolina Commission on Human Affairs) is the state enforcement agency and has exclusive initial jurisdiction over discrimination charges filed in South Carolina. Charges must be filed with the SCHAC within 300 days of the discriminatory act (the extended deadline applies because South Carolina has a deferral agreement with the EEOC).

South Carolina law does not recognize additional pregnancy-related protections beyond what the PDA provides. For example, South Carolina does not have a separate statute requiring reasonable accommodations for pregnancy-related conditions (though the Americans with Disabilities Act may apply if a condition meets the disability definition). There is no state-specific requirement for pregnancy leave, paid leave, or job protection beyond the temporary disability protections in federal law.

Remedies under South Carolina law include back pay, reinstatement, front pay, compensatory damages for emotional distress, and attorney's fees and costs. The burden of proof and remedial framework follow federal Title VII standards. An employee must establish that pregnancy was a substantial motivating factor in the adverse employment action; the employer can rebut by proving it would have made the same decision for legitimate, non-discriminatory reasons.

Several important exceptions and defenses limit pregnancy discrimination liability in South Carolina. First, the employer can defend a termination or adverse action by proving that pregnancy was not a motivating factor—that the decision was made for legitimate, non-discriminatory reasons such as poor job performance, misconduct unrelated to pregnancy, reduction in force, or closure of the position. The employee bears the initial burden of establishing that pregnancy was at least a substantial motivating factor; if the employee succeeds, the burden shifts to the employer to show it would have taken the same action regardless.

Second, at-will employment principles apply in South Carolina: an employer can terminate an employee for any reason that is not illegal. Pregnancy discrimination is illegal, but the employer can terminate for lawful reasons. For example, an employer can fire a pregnant employee for repeated tardiness, poor work quality, violation of company policy, or economic reasons (layoff), provided the decision was not influenced by pregnancy.

Third, if the employer exercised discretion in terminating the pregnant employee but retained non-pregnant employees with similar misconduct records, this may suggest pretext and support an inference of discrimination. However, if the employer's policy was applied uniformly across all employees regardless of gender or pregnancy status, the defense is stronger.

Fourth, small employers with fewer than 15 employees are exempt from both Title VII and South Carolina Code § 1-13-30. Pregnancy discrimination at such employers may only be actionable under the ADA if the pregnancy-related condition qualifies as a disability.

Fifth, bona fide occupational qualifications (BFOQs) are rarely available as a defense to pregnancy discrimination because pregnancy is not a legitimate business necessity for most jobs. However, if a job involves significant physical risks to a pregnant employee or fetus, the employer may have a BFOQ defense if it can show the restriction is necessary.

Sixth, union employees covered by collective bargaining agreements may have additional procedural requirements (grievance arbitration) before filing with SCHAC or EEOC, though the substantive anti-discrimination protections remain.

Step 1: Document the discrimination carefully and thoroughly. Keep copies of all emails, text messages, performance reviews, and written communications from your employer. Write down dates, times, and details of discriminatory comments or actions (e.g., 'March 15, 2024: Manager said pregnant employees are less committed to the job'). Save records of your job performance, attendance, and any evidence that pregnant employees are treated differently than non-pregnant employees. Photograph or screenshot electronic documents immediately. Maintain a personal calendar or journal noting all instances of adverse treatment.

Step 2: Follow your employer's internal complaint procedure if one exists. Review your employee handbook for the anti-discrimination complaint process. File a written complaint with HR or your manager's supervisor, describing the discriminatory conduct, the date(s), and any witnesses. Keep a copy of your complaint and any response. Most employers require internal complaints before external filing, though this is not a legal requirement. Document whether your employer takes corrective action or if retaliation occurs. Internal complaints create a paper trail and may trigger an employer investigation, which can preserve evidence.

Step 3: File a charge with the South Carolina Commission on Human Affairs (SCHAC) within 300 days of the discriminatory act. You do not need an attorney to file. Contact SCHAC at: Phone: (803) 737-7803; Website: https://schac.sc.gov/; Address: 1026 Sumter Street, Columbia, SC 29201. Complete the charge form online or in person, providing your name, employer name and address, date of discrimination, description of the discrimination, and any witnesses. The SCHAC will also automatically cross-file your charge with the EEOC. If you miss the 300-day deadline, your claim may be time-barred and unrecoverable.

Step 4: Understand the investigation process. After filing, SCHAC will assign the charge to an investigator. You will be contacted and may be asked to provide additional information, documents, and witness names. The investigator will also contact the employer and request their response. Investigations typically take 60 to 90 days. If SCHAC does not close the charge within 60 days, it will be referred to the EEOC, which may take additional time. During investigation, you have the right to participate, provide evidence, and respond to the employer's defenses. SCHAC may attempt to conciliate (settle) the charge if it finds reasonable cause to believe discrimination occurred.

Step 5: Consult an employment law attorney if the charge is not resolved favorably or if the employer retaliates. An employment attorney can review the investigator's findings, advise whether to pursue litigation, and represent you in settlement negotiations or federal court. Many attorneys work on contingency (no upfront fee, paid from settlement or judgment). If you prevail, the employer must pay your attorney's fees and costs. Experienced pregnancy discrimination attorneys understand pretext (false employer justifications) and can help prove pregnancy was a motivating factor.