Workplace Harassment Laws in South Carolina: Rights & Remedies

Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, prohibits harassment based on race, color, religion, sex, or national origin at employers with 15 or more employees. The Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 623, covers age-based harassment for employees age 40 and older. The Americans with Disabilities Act (ADA), 42 U.S.C. § 12101, protects against disability-based harassment. Harassment is a form of discrimination that creates a hostile work environment when it is severe or pervasive enough to alter the terms and conditions of employment.

The EEOC enforces these laws and investigates charges of harassment. Employers are required to maintain a workplace free from harassment and to respond promptly to complaints. Retaliation against employees who complain about harassment is illegal. Remedies available under federal law include back pay, front pay, compensatory damages for emotional distress and lost wages, punitive damages (in Title VII cases where the employer's conduct was intentional discrimination), and attorney fees and court costs.

Victims must file a charge with the EEOC within 180 days of the harassment occurring (extended to 300 days in deferral states with their own agency). The EEOC will investigate and attempt conciliation. If the EEOC finds reasonable cause, the victim may file a civil lawsuit in federal court.

South Carolina does not have a separate state statute specifically prohibiting workplace harassment. Instead, South Carolina employers and employees are governed exclusively by federal harassment laws, primarily Title VII, the ADEA, and the ADA. The South Carolina Human Affairs Law, S.C. Code § 1-13-70, addresses discrimination in employment but does not create an independent state cause of action for harassment; it primarily refers violations to the EEOC for federal processing.

This means South Carolina's harassment protections are no stronger and no weaker than federal standards. There is no South Carolina state agency with authority to investigate harassment claims independent of the EEOC. Employers covered under federal law (15 or more employees) must comply, but South Carolina provides no additional protections for smaller employers or for characteristics not protected federally (such as sexual orientation or gender identity, though federal courts may interpret sex discrimination to include these).

In practice, employees in South Carolina alleging harassment must file exclusively with the federal EEOC. South Carolina state courts may hear harassment claims brought under 42 U.S.C. § 1983 if the harassment is by a state or local government employer. Private sector employees have no state harassment cause of action and must rely on Title VII, the ADEA, or the ADA.

One practical difference: South Carolina courts have interpreted "sex discrimination" and harassment narrowly in some historical cases, following federal circuit precedent, but recent federal precedent (Bostock v. Clayton County, 2020) has expanded protections. South Carolina employers must follow current federal standards, which now recognize discrimination based on sexual orientation and transgender status as forms of sex discrimination. Remedies are identical to federal law: back pay, compensatory damages, punitive damages (under Title VII), and attorney fees.

Federal harassment law contains several important exceptions and limitations. First, harassment must be based on a protected characteristic: race, color, religion, sex, national origin (Title VII); age 40+ (ADEA); disability (ADA); or genetic information (GINA). Harassment based on other characteristics—such as political affiliation, sexual orientation (in some contexts), gender identity (evolving), or personal appearance—may not be actionable under federal law, though South Carolina courts may recognize some claims under other theories (tort, contract breach).

Second, isolated incidents or minor annoyances do not constitute actionable harassment. The conduct must be severe or pervasive enough to create an objectively hostile or abusive work environment and must be subjectively perceived as hostile by the victim. Occasional crude jokes, single instances of name-calling, or constructive criticism, even if offensive, typically do not meet this threshold. Courts apply a "totality of circumstances" test.

Third, the "same-decision" defense applies: if an employer can prove it would have taken the same adverse employment action (discipline, termination) regardless of the harassment, the harassment may not be actionable in limited contexts, though this is narrow and does not eliminate liability for maintaining a hostile environment.

Fourth, the reasonableness-of-the-employer's-response matters. If an employer promptly investigated a complaint and took swift corrective action, liability may be limited or eliminated, depending on the severity of the harassment. However, employers cannot avoid liability by claiming ignorance if the harassment is obvious or widespread.

Fifth, independent contractor and volunteer exceptions apply: at-will at-will employment does not create an exception; the protections apply to all employees. However, certain religious organizations may claim exemptions under Title VII for religious discrimination (but not other types).

Sixth, state and local government employers are covered by Title VII and federal law, but may also have additional state constitutional protections or state law defenses. South Carolina's "sovereign immunity" doctrine has been narrowed by federal law, but it still applies in some circumstances for damages against the state itself.

Seventh, the statute of limitations is strict: 180 days from the last incident to file with the EEOC. Missing this deadline bars federal claims entirely, with no exception for equitable tolling in most cases.

Step 1: Document Everything. Immediately begin keeping a detailed record of all harassment incidents. Write down the date, time, location, what was said or done, who witnessed it, and how it affected you. Save all relevant emails, text messages, social media posts, or written communications. Take screenshots. Do not rely on memory alone; contemporaneous documentation is far more credible in investigations and litigation. Keep this record in a safe location outside of work (personal email, home computer, or cloud storage). Include information about any pattern or escalation.

Step 2: Report Internally (When Safe and Practical). Most employers have harassment complaint procedures outlined in employee handbooks. File a written complaint with Human Resources, your direct manager (if the manager is not the harasser), or a designated compliance officer. Keep a copy of your complaint and confirmation of receipt. Reporting creates a record and gives the employer an opportunity to respond and correct the behavior. However, if you reasonably believe internal reporting will retaliate or endanger you, you may proceed directly to the EEOC. Do not delay external filing waiting for internal resolution; the EEOC filing deadline is still 180 days.

Step 3: File a Charge with the EEOC. South Carolina is a non-deferral state, meaning there is no state harassment agency; you file directly with the federal EEOC. Visit the EEOC's online portal at www.eeoc.gov/employees or call 1-800-669-4000 to request a charge form and filing appointment. You may file online, by mail, or in person at the nearest EEOC office (Charleston or Columbia). Include your name, employer name, dates of employment, specific incidents of harassment, dates they occurred, names of witnesses, and the protected characteristic the harassment targeted. You must file within 180 days of the last harassment incident. The EEOC will provide you with a charge number and timeline.

Step 4: Cooperate with the EEOC Investigation. The EEOC will contact the employer and request a formal response to your charge. The agency will interview you, the alleged harasser, relevant witnesses, and may request documents (emails, policies, prior complaints). The investigation typically takes 60 to 180 days, though complex cases take longer. You will be notified of the investigation's progress. The EEOC will issue a "Right to Sue" letter if it determines no violation or if it decides not to pursue the case further. This letter allows you to file a private lawsuit in federal district court within 90 days. Alternatively, if the EEOC finds reasonable cause, it may attempt conciliation (settlement discussions). Cooperate fully and provide any additional evidence the EEOC requests.

Step 5: Consult an Employment Law Attorney. Consider hiring an attorney experienced in federal employment discrimination law as soon as possible—ideally before or shortly after filing with the EEOC. An attorney can help you document the case, understand your rights, negotiate with the EEOC, and prepare for litigation if needed. Many employment attorneys work on contingency (no upfront fee; they take a percentage of the award). Federal law allows prevailing employees to recover attorney fees from the employer, so the cost to you may be zero if you win. If you cannot afford an attorney immediately, some organizations offer free legal clinics or referrals (Legal Services Corporation, South Carolina Bar Association). Do not delay seeking legal advice; evidence degrades and witnesses' memories fade.