Race Discrimination Laws in South Carolina: Know Your Rights

Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, is the primary federal statute prohibiting race discrimination in employment. It applies to employers with 15 or more employees. Title VII prohibits discrimination based on race or color in all aspects of employment, including hiring, firing, compensation, job training, promotion, and working conditions. The statute covers intentional discrimination, disparate treatment (treating someone worse because of their race), and disparate impact (neutral policies that disproportionately harm employees of a particular race).

42 U.S.C. § 1981 provides additional federal protection, guaranteeing all persons the same right to make and enforce contracts regardless of race. This statute has no employer size threshold and covers both hiring and ongoing employment discrimination. The Equal Employment Opportunity Commission (EEOC) enforces Title VII and investigates charges filed within 180 days of the discriminatory act (or 300 days in deferral states). Federal remedies include back pay, front pay, compensatory damages for emotional distress and reputational harm, punitive damages up to $300,000 (depending on employer size), injunctive relief, and attorney fees.

Racial harassment, including use of racial slurs, segregation of work duties, exclusion from meetings, and unwelcome comments about someone's race, constitutes unlawful discrimination if it is severe or pervasive enough to create a hostile work environment. Retaliation for complaining about racial discrimination is also prohibited.

South Carolina's Human Affairs Law, S.C. Code § 1-13-30, prohibits employment discrimination based on race or color and applies to employers with 15 or more employees, matching the federal Title VII threshold. The South Carolina Human Affairs Commission (SCHAC) enforces state law concurrently with the EEOC. South Carolina law provides identical substantive protections to Title VII—intentional discrimination, disparate treatment, and disparate impact are all prohibited.

However, South Carolina does not have a stronger damages cap than federal law; both systems cap compensatory and punitive damages. Under state law, the same remedies are available: back pay, front pay, compensatory damages, punitive damages, and attorney fees. South Carolina Code § 1-13-30 covers all aspects of employment including hiring, firing, compensation, job assignments, promotion, and working conditions. The statute also explicitly protects against retaliation for opposing discriminatory practices or participating in SCHAC investigations.

A key procedural difference is that South Carolina is a deferral state, meaning the SCHAC has exclusive jurisdiction for 180 days after a charge is filed. If the SCHAC does not resolve the charge, the complainant may then request the EEOC take jurisdiction, extending the filing deadline to 300 days from the discriminatory act. South Carolina law does not provide broader substantive protections than Title VII but operates as a parallel enforcement mechanism. Private right of action exists under state law, allowing employees to sue employers directly in state court. The state law definition of race discrimination is identical to federal law and covers all forms of adverse employment action based on race or color, including harassment that creates a hostile work environment.

At-will employment is the default rule in South Carolina, but it does not eliminate protections against race discrimination. An employer may not fire an employee for any reason except those prohibited by law, which includes race. Good cause for termination cannot be a pretext for race discrimination.

Employers have several important defenses to race discrimination claims. First, an employer can assert a legitimate, non-discriminatory reason for an adverse employment action (e.g., poor performance, tardiness, misconduct). The burden then shifts to the employee to show the stated reason is pretextual and that race was the actual motivating factor. Second, employers may rely on bona fide occupational qualifications (BFOQs) if race is genuinely necessary for the job, though this defense is extremely narrow and rarely succeeds.

Third, seniority systems and merit-based systems are lawful even if they have a disparate impact on employees of a particular race, provided they were not adopted with discriminatory intent. Fourth, employee confidentiality policies and non-retaliation rules are valid but cannot be used to prevent an employee from filing a charge with the EEOC or SCHAC or cooperating with an investigation. Fifth, union contracts do not override anti-discrimination law; unions are equally responsible for ensuring non-discrimination in apprenticeship programs, training, and referrals.

Small employers with fewer than 15 employees are not covered by Title VII or South Carolina's Human Affairs Law. However, such employers may still be subject to other federal statutes, such as 42 U.S.C. § 1981, which has no employer size threshold. Independent contractors are not covered; the determination of independent contractor status depends on the degree of control the employer exercises. Voluntary affirmative action plans and diversity initiatives are lawful as long as they do not rigidly exclude non-minorities or violate Title VII.

Step 1: Document Everything. Keep a detailed written record of every incident of discrimination, including the date, time, location, people involved, witnesses present, and exactly what was said or done. Save all emails, messages, performance reviews, and written communications. Note any comments about your race or color, even if indirect. Include documentation of your job performance, awards, or positive feedback that contradicts any stated reason for adverse action. Take screenshots of electronic communications. Keep copies at home, not just at work. This documentation is crucial because it becomes evidence and may be needed months or years later.

Step 2: Understand the Internal Complaint Process. Most South Carolina employers have an internal complaint or grievance procedure outlined in employee handbooks or policy manuals. Review your handbook carefully and follow the specified process exactly. Report the discrimination to your direct supervisor, HR department, or the designated complaint officer named in the handbook. Document this internal report in writing—send an email summarizing what you reported, to whom, and when. Keep a copy. While reporting internally is not legally required before filing with SCHAC or the EEOC, it demonstrates good faith and may prompt the employer to address the problem. However, if the internal process is obviously inadequate or the person you would report to is the discriminator, you need not exhaust internal remedies before filing.

Step 3: File a Charge with SCHAC or the EEOC. South Carolina is a deferral state, meaning if you want to preserve all remedies, you must file with the South Carolina Human Affairs Commission first. SCHAC's address is: 1026 Sumter Street, Suite 100, Columbia, SC 29201. Phone: (803) 737-7500. Website: https://schac.sc.gov. You have 180 days from the date of the discriminatory act to file. Alternatively, you may file directly with the EEOC (https://www.eeoc.gov), which will automatically refer your charge to SCHAC under worksharing agreements. EEOC filing deadline is 180 days in South Carolina; if you live in another state, you may have 300 days. Include in your charge: your name and contact information; the employer's name, address, and number of employees; a clear description of what happened and when; the protected characteristic involved (race or color); and what you want as relief (backpay, reinstatement, damages). You do not need an attorney to file a charge.

Step 4: Investigation and Processing. Once you file, SCHAC or the EEOC will acknowledge receipt and send you a charge number. An investigator will be assigned to your case. The investigator will contact your employer and ask for a response to your allegations. The employer will typically claim it had a legitimate non-discriminatory reason for its actions. The investigator may interview witnesses, review personnel files, and examine policies. This investigation typically takes 60 to 180 days, though timelines vary. You will likely be asked to provide additional information or clarify details. Stay in close contact with the investigator and promptly provide any new evidence. SCHAC or the EEOC will issue findings of fact. If they find reasonable cause to believe discrimination occurred, they will issue a Right to Sue letter (or state equivalent) allowing you to file a private lawsuit in court. If they find no reasonable cause, you still receive a Right to Sue letter and may sue at your own expense.

Step 5: Consult an Employment Attorney. Once you receive a Right to Sue letter, you have 90 days (or as specified in the letter) to file a lawsuit in state or federal court. This is a critical deadline—missing it bars your claim. Consult an employment attorney who specializes in discrimination law and has experience in South Carolina before the deadline expires. An attorney can evaluate the strength of your case, calculate damages, and represent you in litigation. Many employment attorneys work on contingency, meaning they take a percentage of your award and you pay no upfront fees. An attorney can also represent you at the SCHAC or EEOC stage, though this is optional. If you prevail in litigation, the employer must pay your attorney fees and court costs under Title VII and South Carolina law, so hiring an attorney does not necessarily cost you money if you win.