EEO - Retaliation: South Carolina
Federal law and guidance on this subject should be reviewed together with this section.
Author: Meryl Gutterman, Nukk-Freeman & Cerra, P.C.
- Under the South Carolina Human Affairs Law (SCHAL), an employer with 15 or more employees may not discharge, or discriminate against, an employee in retaliation for opposing an unlawful discriminatory practice or participating in a discrimination proceeding. See Retaliation Under South Carolina Human Affairs Law.
- Employers with 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year are covered by South Carolina's Human Affairs Law. Indian tribes and bona fide private membership clubs are exempt. See Coverage.
- An employee in South Carolina who believes that they have been retaliated against may bring a cause of action against their employer through the South Carolina Human Affairs Commission. See Enforcement and Remedies.
- If the employer is found to have engaged in unlawful retaliation, the employer will be asked to stop the unlawful conduct and may be required to reinstate the employee, or pay the employee back pay if it is owed. See Enforcement and Remedies.