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Section 1-13-10: Names the law "The South Carolina Human Affairs Law." Section 1-13-20: Declares discrimination on the basis of race, religion, color, sex, age, and national origin and disability unlawful. Creates the State Human Affairs Commission to eliminate and prevent discrimination. Section 1-13-30: Defines words and phrases used throughout the Act. For example, "age" is defined as "at least 40 years." The phrase "because of sex" includes rules about pregnancy, childbirth and related medical conditions. Section 1-13-40: Sets the number of Commission members at 15. The Commission members are appointed by the Governor, with the advice and consent of the Senate. They generally serve for a three year term and are eligible to serve two consecutive terms. The Governor appoints the Chairman of the Commission from among the three At-Large members. This section sets up the framework for the Commission to meet and transact business. Section 1-13-50: Allows the Commission to employ a Commissioner with the Governor's approval. The Commissioner is given the authority to hire a staff. Section 1-13-70: Allows the Commission to:
Section 1-13-80: Defines unlawful employment practices (with limited exceptions) making the South Carolina Human Affairs Law apply to all aspects of employment, including hiring, promotion, pay, and terminations. Section 1-13-90: Gives the Commission certain powers concerning complaints, investigations, hearings and orders. Specifically, the law gives the Commission the power to informally investigate complaints on the basis of race, religion, color, sex, age and national origin, other than employment discrimination. Complaints: 1. Must be in writing.
A complaint against a non-state employer:
Section 1-13-100: Makes it clear that the sections of the law dealing with employers are intended to parallel Title VII of the U. S. Civil Rights Act of 1964. Section 1-13-110: Requires State agencies to develop Affirmative Action Plans. Requires the Commission to submit a report to the General Assembly on the status of Affirmative Action Plans of all State agencies.
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