Sexual Harassment Laws in South Carolina: Your Rights at Work

Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, prohibits employers with 15 or more employees from discriminating against employees on the basis of sex. Sexual harassment constitutes a form of sex discrimination under Title VII. The EEOC Guidelines on Sexual Harassment, 29 C.F.R. § 1604.11, define two categories of actionable harassment: (1) quid pro quo harassment, where submission to or rejection of unwelcome sexual conduct is made a term or condition of employment or is used as a basis for employment decisions, and (2) hostile work environment harassment, where unwelcome conduct of a sexual nature is sufficiently severe or pervasive that it alters the conditions of employment or creates an abusive working environment.

The Supreme Court in Harris v. Forklift Systems, Inc., 510 U.S. 17 (1993), established that the conduct need not cause psychological injury to be actionable; rather, the question is whether the conduct is unwelcome and sufficiently severe or pervasive that a reasonable person in that position would find it hostile or abusive. Sexual harassment includes verbal conduct (jokes, slurs, innuendo), physical conduct (touching, assault), and non-verbal conduct (staring, displaying offensive materials). The EEOC enforces Title VII and investigates complaints. Remedies available under federal law include back pay, front pay, compensatory damages for emotional distress and reputational harm, and punitive damages if the employer acted with malice or reckless indifference. An employer can avoid liability for harassment by non-managerial employees only if it exercises reasonable care to prevent and promptly remedy harassment, and the employee unreasonably failed to take advantage of preventive or corrective opportunities.

South Carolina does not have a separate, comprehensive state sexual harassment statute. Instead, South Carolina Code § 1-13-30 (South Carolina Human Affairs Law) prohibits discrimination in employment on the basis of sex, but the statute does not explicitly define or address sexual harassment with the same specificity as federal Title VII. Because South Carolina law is less developed than federal law in this area, employees in South Carolina rely almost entirely on Title VII and EEOC enforcement.

However, South Carolina law does provide that it is unlawful for any employer to fail or refuse to hire, to discharge, or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment because of such individual's sex. This general sex discrimination prohibition under state law is co-extensive with Title VII but offers no additional protection or unique categories. South Carolina's Human Affairs Law applies to employers with 15 or more employees in the same manner as Title VII.

One important distinction is that South Carolina is a "deferral state" under the EEOC's work-sharing agreement. This means that if you file a charge with South Carolina's Department of Employment and Workforce (DEW) first, the state agency has 60 days to investigate before the charge is automatically deemed filed with the EEOC. This extends your federal filing deadline from 180 days to 300 days from the date of the alleged harassment. The state law remedy structure mirrors federal law, including back pay, front pay, and compensatory damages, but South Carolina does not provide additional statutory damages beyond what Title VII offers.

South Carolina common law also recognizes tort claims such as intentional infliction of emotional distress, which can provide an alternative or supplemental basis for recovery in severe harassment cases, though such claims face a high "extreme and outrageous conduct" threshold established by state courts.

South Carolina and federal law recognize several important exceptions and defenses to sexual harassment liability. First, employers are not liable for harassment by non-supervisory employees if the employer exercised reasonable care to prevent and promptly remedy the harassment and the employee failed to use available complaint procedures. However, employers are strictly liable for harassment by supervisors that results in a tangible employment action (demotion, termination, loss of benefits), regardless of the employer's prevention efforts. Second, employers can defend against liability if they had an anti-harassment policy in place, investigated complaints promptly and thoroughly, and took corrective action proportionate to the misconduct.

Third, protected activity exceptions apply: an employer cannot retaliate against an employee for opposing practices made unlawful by Title VII, reporting harassment internally or to the EEOC, or participating in an investigation. Retaliation claims are brought under the same "materially adverse" standard as Title VII discrimination claims. Fourth, the "stray remark" doctrine provides that isolated, trivial comments unrelated to employment decisions do not constitute actionable harassment. Courts in South Carolina have applied this doctrine to exclude one-time or minor comments from forming the basis of a hostile work environment claim.

Fifth, South Carolina recognizes the at-will employment doctrine; however, this does not permit an employer to terminate an employee in retaliation for reporting sexual harassment or cooperating with an investigation. Sixth, there is no exception based on the employee's conduct before or after the incident; comparative fault is not a defense. Finally, small employers with fewer than 15 employees are not covered by Title VII, though they may be liable under South Carolina state tort law such as intentional infliction of emotional distress if conduct is extreme and outrageous.

Step 1: Document the harassment immediately and thoroughly. Write down the date, time, location, and details of each incident, including what was said or done, who witnessed it, and how it affected you. Keep copies of any relevant emails, texts, messages, or other written communications. Preserve all evidence, including images, voice messages, or documents, in a secure location such as a personal email account or cloud storage. Do not alter or delete any communications, as they are critical to proving the harassment occurred.

Step 2: Report the harassment internally using your employer's complaint procedure. Review your employee handbook for the anti-harassment or complaint policy and follow the designated process, which typically involves reporting to a supervisor, HR department, or an ethics hotline. Report the harassment in writing (email or letter) so there is a record of the report, including the date, who you reported it to, and what you reported. Keep a copy of your report and any response from the company. Even if you report to a supervisor who is the harasser, report to HR as well. Internal reporting does not waive your right to file an external charge, and it may be required to preserve certain remedies under South Carolina law.

Step 3: File a charge with the EEOC. Visit the EEOC website at www.eeoc.gov/charge and use the online filing system, or contact your local EEOC field office by phone or in person to file a charge. Alternatively, you may file a charge with South Carolina's Department of Employment and Workforce (DEW) first at www.scdsw.gov, which will be automatically forwarded to the EEOC. You have 180 days to file a charge with the EEOC (or 300 days if you file with the state first). The charge should include: your name, address, and contact information; the employer's name and address; the date the harassment began and when it ended; a description of the conduct and why you believe it is sexual harassment; the names of witnesses; and any documentation. You do not need an attorney to file a charge. Filing a charge is free.

Step 4: Understand the investigation process. After you file a charge, the EEOC will investigate within 180 days. The investigator will request information from the employer, interview you and witnesses, review documents, and determine whether there is reasonable cause to believe harassment occurred. The EEOC may offer mediation to resolve the charge without a full investigation. Expect the process to take 6 to 18 months. At the end of the investigation, the EEOC will issue a "Right to Sue" letter if it does not find reasonable cause or if it finds reasonable cause but cannot conciliate the claim. Once you have a Right to Sue letter, you have 90 days to file a civil lawsuit in federal district court.

Step 5: Consult an employment attorney. Contact an employment law attorney in South Carolina who handles Title VII and sexual harassment claims. Many attorneys work on a contingency fee basis, meaning they take a percentage of your recovery rather than an upfront fee. An attorney can evaluate the strength of your claim, advise you on damages you might recover, represent you during the EEOC investigation, negotiate on your behalf, and file suit in federal court if necessary. Experienced employment lawyers understand South Carolina federal court procedures and can help you maximize your recovery for lost wages, emotional distress, and punitive damages.