It is the policy of the State of South Carolina to recruit, hire, train and promote employees without discrimination because of race, color, sex, national origin, age, religion or physical disability. This policy applies to all levels and phases of personnel within state government, including, but not limited, to recruiting, hiring, compensation, benefits, promotions, layoffs, recalls from layoffs, and educational, social or recreational programs. It is the policy of the State to take affirmative action to remove disparate effects of past discrimination, if any, because of race, color, sex, national origin, age, religion or physical disability.

Each state agency shall submit to the South Carolina Human Affairs Commission employer workforce data and applicant information data by race and sex by October 31st of each year.

In accordance with Section 1-13-110 of the South Carolina Code of Law of 1976, as amended, the South Carolina Human Affairs Commission shall submit a report on the status of State Agencies' Affirmative Action Plans and Programs to the General Assembly by February 1st of each year. This report shall contain the total number of persons employed in each job group, by race and sex, at the end of the preceding reporting period, a breakdown by race and sex of those hired or promoted from within the agency during the reporting period, and an indication of whether affirmative action goals were achieved.

For each job group referenced in the South Carolina Human Affairs Commission’s Report to the General Assembly, where the hiring of personnel does not reflect the percentage goals established in the agency's Affirmative Action Plan for the year in question, the State agency shall submit a detailed explanation to the South Carolina Human Affairs Commission by February 15th explaining why goals were not achieved.

The South Carolina Human Affairs Commission shall review the explanations and notify the Budget and Control Board of any agency not in satisfactory compliance with meeting its stated goals.

The Budget and Control Board shall notify any agency not in compliance that their request for additional appropriations for the next appropriations cycle may not be processed until such time as the Budget and Control Board, after consultation with the South Carolina Human Affairs Commission, is satisfied that the agency is making a good faith effort to comply with its Affirmative Action Plan, and that compliance must be accomplished within a reasonable length of time to be determined by the mission and circumstances of the agency. This requirement shall not affect additional appropriation requests for public assistance payments or aid to entities.

This section does not apply to those agencies that have been exempted from the reporting requirements of the South Carolina Human Affairs Commission.

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