Employment Discrimination Demand Letter - South Carolina
EMPLOYMENT DISCRIMINATION DEMAND LETTER
South Carolina Law
South Carolina Human Affairs Law, S.C. Code Section 1-13-10 et seq.
[ATTORNEY/FIRM LETTERHEAD]
[Firm Name]
[Address Line 1]
[City, South Carolina ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[South Carolina Bar No.]
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [recipient_email]
[Date]
[Employer Contact Name]
[Title]
[Company Legal Name]
[Company Address]
[City, State ZIP]
Re: Employment Discrimination Claim of [Client Full Name]
SCHAC Charge No.: [If filed]
EEOC Charge No.: [If filed]
CONFIDENTIAL SETTLEMENT COMMUNICATION - SCRE 408
Dear [Mr./Ms./Mx. Last Name]:
This firm represents [Client Full Name] ("our client") regarding [his/her/their] claims of unlawful employment discrimination against [Company Legal Name] ("[Company Short Name]" or "the Company").
I. LEGAL FRAMEWORK
A. South Carolina Human Affairs Law
South Carolina prohibits employment discrimination under S.C. Code Section 1-13-10 et seq.
Protected Classes Under S.C. Code Section 1-13-80:
- Race
- Religion
- Color
- Sex (including pregnancy)
- Age (40+)
- National origin
- Disability
B. Federal Anti-Discrimination Laws
| Statute | Protected Class | Citation |
|---|---|---|
| Title VII | Race, color, religion, sex, national origin | 42 U.S.C. Section 2000e et seq. |
| ADEA | Age (40+) | 29 U.S.C. Section 621 et seq. |
| ADA | Disability | 42 U.S.C. Section 12101 et seq. |
C. South Carolina Human Affairs Commission (SCHAC)
Administrative Exhaustion Required:
- Must file SCHAC charge within 180 days
- SCHAC has work-sharing agreement with EEOC
- 1 year to file suit after right-to-sue
II. FACTUAL BACKGROUND
[Client Full Name] was employed by [Company Short Name] from [Start Date] through [End Date / Present] as a [Job Title] in [City], South Carolina.
III. LEGAL CLAIMS
A. Violation of South Carolina Human Affairs Law
[Company Short Name] violated South Carolina law by discriminating against our client based on [protected class].
Key Provisions:
- Applies to employers with 15+ employees
- Administrative exhaustion required
- Damage caps follow federal Title VII
IV. DAMAGES
A. Damage Caps (Following Title VII)
| Employer Size | Combined Cap |
|---|---|
| 15-100 employees | $50,000 |
| 101-200 employees | $100,000 |
| 201-500 employees | $200,000 |
| 500+ employees | $300,000 |
B. Summary of Damages
| Category | Amount |
|---|---|
| Back Pay | $[Amount] |
| Compensatory Damages | $[Amount] |
| Punitive Damages | $[Amount] |
| Attorney's Fees | $[Amount] |
| TOTAL | $[Amount] |
V. SETTLEMENT DEMAND
We demand that [Company Short Name] pay $[Settlement Demand Amount] to resolve all claims.
VI. RESPONSE DEADLINE
Please respond within twenty-one (21) calendar days, no later than [Response Deadline Date].
Sincerely,
[Attorney Name]
[Title]
[Firm Name]
[South Carolina Bar No.]
SOUTH CAROLINA-SPECIFIC PRACTICE NOTES (Do Not Include in Final Letter)
Key South Carolina Considerations
[ ] Administrative Exhaustion: Required before court action
[ ] 180-Day Deadline: Same as federal EEOC deadline
[ ] No SOGI Protection: Sexual orientation and gender identity not protected under state law
[ ] Federal Damage Caps: State law follows Title VII caps
Statute of Limitations Reference
| Claim | Deadline | Citation |
|---|---|---|
| SCHAC Charge | 180 days | S.C. Code Section 1-13-90 |
| Court Action | 1 year after right-to-sue | S.C. Code Section 1-13-90 |
| EEOC (deferral state) | 300 days | 42 U.S.C. Section 2000e-5(e) |
About This Template
A demand letter is a formal written request to fix a problem or pay what is owed, sent before anyone files a lawsuit. It gives the other side a real chance to settle, creates a record of your attempt to resolve things, and in many cases (unpaid debts, insurance claims, broken contracts) starts a legally required response window. A well-written demand letter lays out what happened, what you want, and a deadline to act, which is often enough to get results without ever going to court.
Important Notice
This template is provided for informational purposes. It is not legal advice. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Last updated: February 2026