Our Charleston Workplace Discrimination Lawyers Can Help
If you or a loved one has faced unfair or negative treatment at your workplace because of your race, disability, color, age, sex, national origin, or religion, the South Carolina workplace discrimination lawyers at the Hopkins Law Firm can ensure all of your rights are protected.
What is Considered Discrimination in South Carolina?
In South Carolina, the law protects you against harassment or unfair treatment because of your color, race, religion, sex, disability, national origin and age. A few examples of discrimination for your protected basis include:
- Sexual Harassment
- Workers 40 years or older receive age discrimination protection
- Failure to Hire
- Unfair Discipline
- Not Offering Equal Pay and Benefits
- Failure to Offer Reasonable Accommodations for Disability and/or Religion
- Suspending or Firing an Employee
What Are the South Carolina Workplace Discrimination Laws in South Carolina?
Federal and South Carolina laws both state that workplace discrimination is prohibited. The federal Title VII Civil Rights Act prohibits workplace discrimination based on an employee’s perceived or actual sex, race, color, nation origin, or origin.
In addition to the federal laws, the South Carolina Human Affairs Law prohibits any for of employment discrimination that involves:
- Unfair treatment and/or harassment based on race, color, sex, national origin, pregnancy, sexual harassment, disability, religion, and age (40 years and over).
- Retaliation because you complained about discrimination or because another employee’s assistance in or presentation of an employment discrimination investigation or lawsuit.
- Denial of any reasonable workplace accommodation because of your religious beliefs or disability.
How Can I File a Workplace Discrimination Claim in South Carolina?
If you are a South Carolina employee you can file a workplace discrimination claim with either the federal Equal Employment Opportunity Commission, or with the South Carolina Human Affairs Commission.
The two above agencies have a work-sharing agreement. This means that they cooperate with each other to process workplace discrimination claims. Because of this, filing a workplace discrimination case with both agencies isn’t necessary as long as you indicate that you want your South Carolina workplace discrimination claim to be cross-filed with the other agency.
When Should I File a South Carolina Workplace Discrimination Claim?
In South Carolina, you have 180 days from the date the discrimination occurred to file a claim with the Human Affairs Commission. The limit is 300 days to file with the Equal Employment Opportunity Commission.
It’s important to note that both agencies will only investigate a claim that involves employers with 15 or more employees.
What Happens After I File My South Carolina Workplace Discrimination Claim?
One of the first things that will happen is the South Carolina Human Affairs Commission will have you complete a questionnaire. If, after reviewing your claim, the commission feels workplace discrimination did occur, they will write a complaint, send it to you for approval, and then notify your employer.
Your South Carolina employer has 10 days to provide any information or mediate the complaint. If mediation doesn’t occur, an investigator from the commission will start to gather any evidence of the discrimination and will attempt to settle the complaint.
The goal of the commission is to investigate your complaint within 180 days of it being filed. If the commission does find that your South Carolina employer did discriminate against you, mediation can take place within a few months.
Most cases are settled during mediation, but if that doesn’t happen, your case could go to the South Carolina courts where it could take between two to four years to finish.
What Kind of Compensation Can I Receive in my South Carolina Workplace Discrimination Case?
If discrimination is found, you are entitled to return to the same or similar job you would have had if there had never been any discrimination. You may also receive any back pay and benefits you would have received. Additionally, you may also get your court costs and attorney fees reimbursed.
After the investigation, you may be able to sue your South Carolina employer for damages up to $300,000.
Can I File A Workplace Discrimination Lawsuit in South Carolina?
Before you file your South Carolina workplace discrimination claim, it’s important to figure out whether your lawsuit should be filed under federal or South Carolina law.
While both avenues can provide you with relief if you’ve suffered workplace discrimination, many victims feel that a federal workplace discrimination lawsuit to be the more favorable. This is because South Carolina employment law doesn’t allow you to recovery compensatory damages for such things as pain and suffering nor can you recover punitive damages under South Carolina employment law.
Keep in mind, that even some workplace discrimination lawsuits filed in South Carolina state courts could be moved to federal court.
How Do I Know If I’ve Been a Victim of South Carolina Workplace Discrimination?
Workplace discrimination can appear in many forms and you should not have to deal with any form of discrimination based on gender, race, sexuality, or age. You may experience workplace discrimination:
- Harassment by coworkers, or managers.
- Denial of Reasonable Accommodations because of Religion or Disability
- Isolation or Retaliation for Speaking up Against Your Mistreatment
- Improper Commentary about your Lifestyle or Stereotypes
Can I Be Fired in South Carolina for Complaining about Workplace Discrimination?
In the state of South Carolina, it is illegal for your employer to retaliate against you for filing a complaint regarding workplace discrimination or assisting a coworker with their workplace discrimination complaint. If your South Carolina employer does retaliate, you can file a claim against your employer.
Most South Carolinians spend over one-third of their lives at work and every employee has the right to a safe, comfortable, and respectful workplace environment. If you or a loved one is a victim of South Carolina workplace discrimination, you could be deprived of equal pay, acceptance, and opportunities.
It’s important to remember that if you have been a victim of workplace discrimination in South Carolina the law is on your side. The Charlotte, South Carolina workplace discrimination lawyers at the Hopkins Law Firm are here to help you receive significant compensation as a result of being discriminated against, but give you the security of knowing that your feelings and concerns are valid.Schedule Your Free Consultation
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Don’t discuss your injury case with the other party or with the insurance company until you have a powerful legal advocate on your side. Call us at 843-894-2377 or reach us by email. Our team offers a free consultation and won’t charge attorneys’ fees unless we help you recover money in a settlement or trial.
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Contact Hopkins Law Firm, LLC, at 843-894-2377. If you would like more information about your specific case, you can meet with an attorney from our Charleston team. We will listen to your story, let you know what we can do, and how we can help. You may also email us with a detailed description of your case and we will reach back out to you. We are your local attorneys and we are here to help.