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) |