South Carolina

Discrimination Laws in South Carolina

Discrimination in the workplace is a significant concern, and South Carolina’s laws reflect a commitment to equitable treatment. Employers cannot discriminate against employees based on race, color, religion, sex, national origin, age, or disability. This applies to all aspects of employment, including:

• Hiring and firing decisions
• Promotions and pay
• Leave and work assignments

For instance, if an employee is denied a promotion due to their age or race, this constitutes discrimination under the law. Real-world cases often highlight the employer’s obligations and the recourse employees have. If you believe you’ve been subjected to workplace discrimination, contacting the South Carolina Human Affairs Commission (SCHAC) is a critical first step.

Minimum Wage Regulations in South Carolina

Currently, South Carolina does not have a state minimum wage law, but bills are being worked on to change that. This means the federal minimum wage of $7.25 per hour applies statewide. While this provides a baseline, employees need to know their rights regarding overtime or wage disparities.

Without a state-level minimum wage, employees earning federal minimum wages may feel the financial strain, especially as the cost of living increases. Workers in sectors like retail or food service, where hourly wages are common, should stay informed about their employer’s compliance with federal regulations.

Employment-At-Will in South Carolina

South Carolina operates under the employment-at-will framework, meaning employers can terminate employees for almost any reason, provided it’s not discriminatory or otherwise illegal. While this offers employers flexibility, it can also make employees feel vulnerable. However, there are exceptions to this doctrine:

• Termination cannot be based on discrimination (e.g., race, sex).
• It cannot violate contractual agreements or public policies.

For example, an at-will employee cannot be fired for refusing to engage in illegal activities at their employer’s request. Knowing your rights under this framework is crucial if you face unexpected termination.

Other Key Employment Law Provisions

• Youth Employment: Minors under 16 cannot work in hazardous environments, but those aged 16 and older can work unrestricted hours unless safety concerns arise.
• Student Workers: Students may work up to 20 hours per week during academic months and 40 hours during summer breaks.
• Earned Wage Access (EWA): A new South Carolina law requires earned wage access providers to register with the Department of Consumer Affairs, ensuring employees have options to access wages without hidden loan-like structures.