Sexual Orientation Discrimination Laws in South Carolina

Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e) prohibits employment discrimination based on sex, and the U.S. Supreme Court's landmark decision in Bostock v. Clayton County (2020) established that this prohibition extends to sexual orientation and gender identity discrimination. The law applies to private employers, state and local governments, employment agencies, and labor unions with 15 or more employees for 20 or more weeks in the current or preceding calendar year.

Under Title VII, it is unlawful for employers to discriminate against employees or job applicants based on sexual orientation in hiring, firing, pay, job assignments, promotions, discipline, fringe benefits, or any other term or condition of employment. The law also prohibits harassment based on sexual orientation and retaliation against employees who oppose discriminatory practices or participate in EEOC investigations.

Title VII is enforced by the Equal Employment Opportunity Commission (EEOC). Remedies available under federal law include back pay, front pay, compensatory damages for emotional distress and lost wages, punitive damages in cases of malicious or reckless conduct, and attorney fees and costs. Employees must file an EEOC charge within 180 days of the alleged discrimination (or 300 days in states with deferral agreements, though South Carolina is not a deferral state).

The EEOC investigates charges, attempts conciliation, and may file lawsuits on behalf of employees. Employees also have the right to request a Right-to-Sue letter and pursue private litigation in federal court.

South Carolina does not have a state employment discrimination law that specifically prohibits sexual orientation discrimination. The state has not enacted a statute equivalent to Title VII or broader state civil rights laws that would provide independent state-law protection.

This means South Carolina workers alleging sexual orientation discrimination cannot rely on state law remedies or procedures. Instead, they must pursue federal remedies exclusively under Title VII of the Civil Rights Act. However, the U.S. Supreme Court's 2020 decision in Bostock v. Clayton County significantly strengthened federal protections by ruling definitively that sexual orientation discrimination constitutes illegal sex discrimination under Title VII.

Because South Carolina lacks state law prohibiting sexual orientation discrimination, the federal Title VII standard applies uniformly across the state with no enhancement or additional state-level protection. The EEOC remains the sole enforcement agency for sexual orientation discrimination claims in South Carolina employment.

This creates a significant gap compared to states with explicit sexual orientation nondiscrimination statutes. South Carolina workers do not have state human rights commission proceedings, state-specific remedies beyond those in Title VII, or extended filing deadlines. They cannot file dual state and federal claims or pursue damages under state tort law for sexual orientation discrimination in the employment context.

Small employers with fewer than 15 employees are not covered by Title VII and have no state law recourse either, meaning they can legally discriminate based on sexual orientation under current South Carolina law. Federal contractors and subcontractors may be subject to Executive Order 11246, which prohibits sexual orientation discrimination by federal contractors regardless of size.

A critical exception applies to small employers: Title VII only covers employers with 15 or more employees. Employers with fewer than 15 employees may legally discriminate based on sexual orientation under federal law, and South Carolina provides no state law remedy.

Bona fide occupational qualifications (BFOQs) are a narrow federal defense. An employer may assert that sexual orientation is a genuine occupational requirement only in extremely limited circumstances. Courts apply a strict standard, and BFOQs are rarely successful in practice. For example, an employer cannot claim customer preference as a BFOQ.

Religious organization exemptions apply under Title VII. Organized religions, religious corporations, associations, educational institutions, or societies may discriminate based on sex, including sexual orientation, when hiring employees whose primary duty is to teach, promote, or perform the religion. This exemption is broad and does not require the employer to be nonprofit.

Business necessity is not a valid defense to sexual orientation discrimination claims. Unlike disparate impact claims in other discrimination contexts, an employer cannot justify sexual orientation discrimination by showing business necessity.

At-will employment doctrine does not shield sexual orientation discrimination. South Carolina is an at-will employment state, meaning employers can terminate employees for any reason or no reason—but not for an illegal reason. Sexual orientation discrimination is an illegal reason under federal law (post-Bostock), so at-will status does not apply.

Retaliation exceptions also apply: employees who oppose sexual orientation discrimination or participate in EEOC investigations are protected from retaliation. However, if an employee engages in protected activity but is terminated for legitimate, non-retaliatory reasons, the employer may escape liability.

Statute of limitations: While the EEOC charge filing deadline is 180 days, the underlying federal lawsuit statute of limitations is generally two to three years from the date of the discriminatory act, depending on the circuit and whether it is characterized as an intentional tort or other claim.

Step 1: Document Everything. Keep detailed records of all discriminatory incidents, including dates, times, locations, what was said or done, witnesses present, and how the conduct affected you. Save emails, text messages, performance reviews, pay stubs, and any written communications that demonstrate the discrimination. Create a written timeline of events. Take screenshots of workplace communications. Preserve evidence of your job performance and qualifications to show you were treated differently because of sexual orientation.

Step 2: File an Internal Complaint (Recommended but Not Required). Review your employer's anti-discrimination or harassment policy if one exists. File a written complaint with HR or management, clearly stating that you have been discriminated against based on sexual orientation. Keep a copy of your complaint and any response received. Document any retaliation that occurs after making the complaint. Note that filing an internal complaint may trigger an investigation, but it also creates a paper trail and may give the employer a chance to remedy the situation. This step is not legally required to file an EEOC charge, but it can strengthen your case and demonstrates good faith.

Step 3: File an EEOC Charge. You must file with the EEOC within 180 days of the discriminatory act (this is the strict deadline in South Carolina, which is not a deferral state). The EEOC's Charleston Field Office serves South Carolina. File online at www.eeoc.gov/filing-charge-discrimination, by mail, or in person. You will need: your name, address, phone, and email; the employer's name, address, and phone; a description of the discrimination (state that it was based on sexual orientation); the dates it occurred; names of witnesses; and whether you filed an internal complaint. The charge form is straightforward and does not require an attorney. Filing is free. Within five days, the EEOC will send you a receipt showing your charge number—keep this for all future correspondence.

Step 4: EEOC Investigation Process. After filing, the EEOC will contact the employer and provide a copy of your charge. The employer has a right to respond. The EEOC investigator may request additional information from you, such as more detailed statements, documents, or witness contact information. You may be interviewed by phone or in person. The investigation typically takes 60 to 180 days, though it can take longer. The EEOC will interview witnesses and review employer policies. You will receive updates on the status of your charge. The EEOC will issue a determination letter stating whether there is reasonable cause to believe discrimination occurred. If reasonable cause is found, the EEOC will attempt conciliation (settlement discussions) with the employer. If conciliation fails, the EEOC may file a lawsuit or issue a Right-to-Sue letter, which allows you to sue the employer in federal court. You can also request a Right-to-Sue letter after 180 days of investigation even if the EEOC has not finished.

Step 5: Consult an Attorney. Consider consulting an employment law attorney experienced in federal discrimination cases before or immediately after filing your EEOC charge. An attorney can review your evidence, advise whether you have a strong claim, help prepare your charge, respond to employer communications, and represent you in investigation interviews. If you receive a Right-to-Sue letter, you must file a federal lawsuit within 90 days, and attorney representation becomes critical. Title VII allows the prevailing plaintiff to recover attorney fees and costs from the employer, so many attorneys work on contingency (no upfront cost). Look for attorneys licensed in South Carolina with experience in Title VII sexual orientation discrimination cases.