In South Carolina, How To File An Employment Discrimination Complaint

If you feel that you have been discriminated against based on race, religion, age (40 and above), sex, national origin, or disability; if you feel you are being sexually harassed on your job; if you feel your employer is treating you unfairly because of your pregnancy, then you should file a claim. You have up to 180 days from the date the discriminatory act took place to file with the South Carolina Human Affairs Commission. In addition, you may still file if more that 180 days have passed, but less than 300 days. Your complaint would then be transferred to the U. S. Equal Employment Opportunity Commission (EEOC) for processing. The first thing you should do is call, write, or come into the office and talk with one of the Intake Investigators. He/she will be able to explain what we do and help to determine if you have a basis for filing a complaint. He/she will give you forms to complete and return.3. Once the Intake and Referral Division receives your written complaint, it will be reviewed to determine if you have a basis for filing a discrimination complaint under the SC Human Affairs Law, as amended, Title VII of the U. S. Civil Rights Act of 1964, as amended, Age Discrimination in Employment Act of 1967 , as amended, or the Americans With Disabilities Act of 1990, as amended.If a basis exists, a formal Charge of Discrimination will be prepared for you to have signed, notarized, and returned to this office. Upon receipt of your complaint, it will be assigned a charge number, dual filed with EEOC, and served on the party you are filing against. Your charge will be assigned either for mediation, investigation, or transferred to EEOC. The average processing time ranges from 90 to 180 days (3 to 6 months).