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:

  • Establish offices in South Carolina.

  • Adopt Bylaws.

  • Establish rules and regulations.

  • Make policies.

  • Cooperate and contract with federal agencies.

  • Recognize certain local groups that can help promote and enhance the South Carolina Human Affairs Law and its purpose.

  • Require specific reports from state agencies and/or departments.

  • Deal with problems in human affairs above and beyond problems of employment discrimination.

  • Go to court to compel employers to cooperate with the Commission.

  • Furnish technical assistance.

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.
2. Must be filed within 180 days.
3. Must be filed at the Commission office, in person or by mail.
4. Must be forwarded to the employer by the Commission.

A complaint against a state agency:

  • Will be investigated by the Commission under the supervision of one Commission member. The Commission has the power to require the cooperation of the "state agency" employer.

  • May be settled or withdrawn at any time.

  • If not settled, may go to a public hearing before a panel of three Commission members. During or before a hearing, the Commission may issue a subpoena, requiring a witness to appear, or requiring an employer to provide records. At the hearing, both sides can present witnesses and testimony. The Commission, after hearing the testimony, can issue an order either dismissing the complaint or ruling in favor of the person who filed the complaint. A Commission order can be appealed before the Court of Common Pleas. The Commission can go to court to get its Order enforced.

A complaint against a non-state employer:

  • Will be investigated by the Commission. The Commission has the power to require the cooperation of the employer.

  • May be settled or withdrawn at any time.

  • If not settled before the investigation ends, will be acted upon by the Commissioner.

  • May be taken to court if complainant disagrees with the Commission's determination. The Commission may also follow through with a complaint in court.

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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