South Carolina Civil Rights / Employment Discrimination Complaint

CIVIL RIGHTS / EMPLOYMENT DISCRIMINATION COMPLAINT — SOUTH CAROLINA

TABLE OF CONTENTS

1. Caption
2. Introduction
3. Parties
4. Jurisdiction and Venue
5. Administrative Exhaustion
6. Factual Allegations
7. Count I — South Carolina Human Affairs Law (S.C. Code § 1-13-80)
8. Count II — Title VII Discrimination (42 U.S.C. § 2000e-2)
9. Count III — Title VII Retaliation (42 U.S.C. § 2000e-3)
10. Count IV — 42 U.S.C. § 1981 (Race / Ancestry)
11. Count V — ADEA (Age, 29 U.S.C. § 623)
12. Count VI — ADA (Disability, 42 U.S.C. § 12112)
13. Count VII — 42 U.S.C. § 1983 (If Public Employer)
14. Damages
15. Prayer for Relief
16. Demand for Trial by Jury
17. Signature and Service Blocks
18. Verification (If Filed in State Court)
19. Certificate of Service
20. South Carolina Practice Notes
21. Sources and References

1. CAPTION

Federal Forum (Recommended for Title VII / § 1981 / ADA / ADEA):

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF SOUTH CAROLINA

[CHARLESTON / COLUMBIA / FLORENCE / GREENVILLE / AIKEN / ANDERSON / BEAUFORT / ORANGEBURG / ROCK HILL / SPARTANBURG] DIVISION

CIVIL ACTION FILE NO. [________________________________]

COMPLAINT FOR DAMAGES, DECLARATORY AND INJUNCTIVE RELIEF; JURY TRIAL DEMANDED

State Forum (SCHAL or supplemental state claims):

STATE OF SOUTH CAROLINA

COUNTY OF [COUNTY]

IN THE COURT OF COMMON PLEAS

CIVIL ACTION NO. [________________________________]

VERIFIED COMPLAINT; JURY TRIAL DEMANDED

2. INTRODUCTION

1. This is a civil action for unlawful employment discrimination, retaliation, and related relief brought by Plaintiff [NAME] against Defendant [EMPLOYER NAME]. Plaintiff alleges that Defendant subjected Plaintiff to discrimination on the basis of [RACE / COLOR / RELIGION / SEX / NATIONAL ORIGIN / AGE / DISABILITY / PROTECTED ACTIVITY] in violation of the South Carolina Human Affairs Law and federal civil-rights statutes.

2. Plaintiff seeks back pay, front pay, compensatory damages (federal counts), punitive damages (federal counts), declaratory and injunctive relief, attorney fees, and costs.

3. PARTIES

3. Plaintiff [NAME] is a citizen of the United States and a resident of [COUNTY] County, South Carolina. At all relevant times Plaintiff was an "employee" within the meaning of S.C. Code Ann. § 1-13-30(d), 42 U.S.C. § 2000e(f), 29 U.S.C. § 630(f), and 42 U.S.C. § 12111(4).

4. Defendant [EMPLOYER NAME] is a [corporation / LLC / state agency / county / municipality] organized under the laws of [STATE] with its principal place of business at [ADDRESS]. Defendant employs [NUMBER] employees and is an "employer" within the meaning of S.C. Code Ann. § 1-13-30(c) (15 or more employees for each working day in each of 20 or more calendar weeks), 42 U.S.C. § 2000e(b) (15 or more employees), 29 U.S.C. § 630(b) (20 or more employees for ADEA), and 42 U.S.C. § 12111(5) (15 or more employees for ADA).

4. JURISDICTION AND VENUE

5. This Court has subject-matter jurisdiction over the federal claims pursuant to 28 U.S.C. §§ 1331 and 1343, and over the state-law claims pursuant to 28 U.S.C. § 1367(a) (supplemental jurisdiction).

6. Venue is proper in this District under 28 U.S.C. § 1391(b) and 42 U.S.C. § 2000e-5(f)(3) because the unlawful employment practices alleged occurred in [COUNTY] County, South Carolina, and Defendant maintains employment records relevant to the alleged practices in this District.

7. (State-court alternative.) Venue is proper in [COUNTY] County, South Carolina under S.C. Code Ann. § 15-5-150 because the cause of action arose, in whole or in part, in this County, and under S.C. Code Ann. § 15-7-30 because Defendant resides or transacts business in this County.

5. ADMINISTRATIVE EXHAUSTION

8. State exhaustion (SCHAL). On [DATE], Plaintiff timely filed a verified Charge of Discrimination with the South Carolina Human Affairs Commission ("SCHAC"), Charge No. [________], within one hundred eighty (180) days after the alleged unlawful employment practice as required by S.C. Code Ann. § 1-13-90(a) and (b). On [DATE], SCHAC [issued a Notice of Right to Sue / dismissed the charge / failed to take final administrative action within the applicable period]. Plaintiff has therefore exhausted SCHAL administrative remedies and timely files this action within one (1) year of the alleged violation and within one hundred twenty (120) days of dismissal as required by S.C. Code Ann. § 1-13-90(d)(8).

9. Federal exhaustion (Title VII / ADEA / ADA). SCHAC dual-filed Plaintiff's charge with the U.S. Equal Employment Opportunity Commission, Charge No. [#####-####], under the SCHAC-EEOC worksharing agreement. South Carolina is a deferral state, and the EEOC filing deadline is therefore 300 days under 42 U.S.C. § 2000e-5(e)(1). On [DATE], the EEOC issued Plaintiff a Notice of Right to Sue. This action is filed within ninety (90) days of Plaintiff's receipt of that Notice.

10. Section 1981. No administrative exhaustion is required for claims under 42 U.S.C. § 1981.

6. FACTUAL ALLEGATIONS

11. Plaintiff began employment with Defendant on [DATE] as a [POSITION] and at all relevant times performed Plaintiff's duties satisfactorily, met or exceeded Defendant's legitimate expectations, and received [PERFORMANCE EVALUATIONS / COMMENDATIONS / RAISES].

12. Plaintiff is a member of the following protected class(es): [RACE / COLOR / RELIGION / SEX / NATIONAL ORIGIN / AGE — date of birth __/__/____ / DISABILITY — diagnosis: ____].

13. Adverse employment action. On or about [DATE], Defendant [TERMINATED / DEMOTED / SUSPENDED / FAILED TO PROMOTE / FAILED TO HIRE / CONSTRUCTIVELY DISCHARGED / SUBJECTED TO HOSTILE WORK ENVIRONMENT] Plaintiff under the following circumstances: [NARRATIVE — who, what, when, where].

14. Comparators. Similarly situated employees outside Plaintiff's protected class — including [NAMES, JOB TITLES, RACE/SEX/AGE/etc.] — engaged in [the same / lesser] conduct and were [treated more favorably; not disciplined; promoted; retained].

15. Direct or circumstantial evidence of discriminatory animus. [Identify supervisor statements, written communications, patterns of disparate treatment, statistical disparities, or shifting / pretextual explanations.]

16. Retaliation predicate (if pleaded). On [DATE], Plaintiff engaged in protected activity by [opposing discriminatory conduct / filing an internal complaint / filing a SCHAC or EEOC charge / requesting a reasonable accommodation]. Within [NUMBER] days of that protected activity, Defendant subjected Plaintiff to the adverse action(s) described above.

17. Reasonable accommodation (ADA / SCHAL pregnancy / disability). (If applicable.) On [DATE], Plaintiff requested a reasonable accommodation, specifically [describe accommodation — pregnancy-related, disability-related, or religious]. Defendant [refused to engage in the interactive process / denied the accommodation without justification / terminated Plaintiff in lieu of accommodating].

18. Damages. As a direct and proximate result of Defendant's unlawful conduct, Plaintiff has suffered lost wages and benefits, lost future earning capacity, emotional distress, humiliation, damage to professional reputation, and other harm.

7. COUNT I — SOUTH CAROLINA HUMAN AFFAIRS LAW (S.C. Code § 1-13-80)

19. Plaintiff realleges and incorporates Paragraphs 1 through 18.

20. Defendant is an "employer" within the meaning of S.C. Code Ann. § 1-13-30(c).

21. Defendant subjected Plaintiff to disparate treatment because of Plaintiff's [race / religion / color / sex / age / national origin / disability] in violation of S.C. Code Ann. § 1-13-80(A)(1) by [failing or refusing to hire / discharging / discriminating with respect to compensation, terms, conditions, or privileges of employment].

22. (Pregnancy-accommodation theory, if applicable.) Defendant violated S.C. Code Ann. § 1-13-80(A) by failing or refusing to make reasonable accommodations for Plaintiff's medical needs arising from pregnancy, childbirth, or related medical conditions, and by taking adverse action against Plaintiff for requesting or using such accommodation.

23. Plaintiff has exhausted administrative remedies through SCHAC under S.C. Code Ann. § 1-13-90 and timely files this action under § 1-13-90(d)(8).

24. Pursuant to S.C. Code Ann. § 1-13-90(d), Plaintiff seeks injunctive relief, reinstatement or hiring (with or without back pay), back pay (subject to the two-year accrual limit of § 1-13-90(d)(6)), court costs, and reasonable attorney fees. Plaintiff acknowledges that SCHAL does not authorize compensatory or punitive damages and seeks those remedies under the parallel federal counts below.

8. COUNT II — TITLE VII DISCRIMINATION (42 U.S.C. § 2000e-2)

25. Plaintiff realleges and incorporates Paragraphs 1 through 18.

26. Defendant is an employer within the meaning of 42 U.S.C. § 2000e(b).

27. Defendant subjected Plaintiff to disparate treatment because of Plaintiff's [race / color / religion / sex / national origin] in violation of 42 U.S.C. § 2000e-2(a). For sex-based claims, this includes discrimination because of sexual orientation or gender identity under Bostock v. Clayton County, 590 U.S. 644 (2020).

28. Defendant's conduct was intentional, willful, and undertaken with malice or reckless indifference to Plaintiff's federally protected rights, supporting an award of punitive damages under 42 U.S.C. § 1981a(b)(1).

9. COUNT III — TITLE VII RETALIATION (42 U.S.C. § 2000e-3)

29. Plaintiff realleges and incorporates Paragraphs 1 through 18.

30. Plaintiff engaged in activity protected by 42 U.S.C. § 2000e-3(a) by [describe protected activity — opposition or participation].

31. Defendant took materially adverse action against Plaintiff because of that protected activity. The temporal proximity, shifting explanations, and [other circumstantial evidence] establish a causal link.

10. COUNT IV — 42 U.S.C. § 1981 (RACE / ANCESTRY)

32. Plaintiff realleges and incorporates Paragraphs 1 through 18.

33. Plaintiff is a member of a racial minority [or otherwise protected ancestry group].

34. Defendant intentionally interfered with Plaintiff's right to make and enforce contracts on the same terms and conditions as [white / non-protected] employees, in violation of 42 U.S.C. § 1981.

35. Defendant's conduct was the but-for cause of Plaintiff's injury under Comcast Corp. v. National Ass'n of African American-Owned Media, 589 U.S. 327 (2020), and was willful, entitling Plaintiff to compensatory and punitive damages without statutory cap.

11. COUNT V — ADEA (Age, 29 U.S.C. § 623)

36. Plaintiff realleges and incorporates Paragraphs 1 through 18.

37. At the time of the adverse action, Plaintiff was forty (40) years of age or older and within the class protected by 29 U.S.C. § 631(a) and S.C. Code Ann. § 1-13-30(o).

38. Defendant intentionally discriminated against Plaintiff because of Plaintiff's age in violation of 29 U.S.C. § 623(a) (ADEA). Age was the but-for cause of the adverse action under Gross v. FBL Financial Services, Inc., 557 U.S. 167 (2009).

39. Defendant's violation was willful within the meaning of 29 U.S.C. § 626(b), entitling Plaintiff to liquidated damages.

12. COUNT VI — ADA (Disability, 42 U.S.C. § 12112)

40. Plaintiff realleges and incorporates Paragraphs 1 through 18.

41. Plaintiff is a "qualified individual with a disability" within the meaning of 42 U.S.C. § 12111(8) and (under the parallel state count) S.C. Code Ann. § 1-13-30(y).

42. Defendant discriminated against Plaintiff because of Plaintiff's disability and/or failed to provide reasonable accommodation in violation of 42 U.S.C. § 12112(a) and (b)(5).

13. COUNT VII — 42 U.S.C. § 1983 (IF PUBLIC EMPLOYER)

43. Plaintiff realleges and incorporates Paragraphs 1 through 18.

44. Defendant [PUBLIC EMPLOYER] acted under color of state law and deprived Plaintiff of rights secured by the Fourteenth Amendment's Equal Protection Clause and [the First Amendment / due process].

45. The unconstitutional conduct was undertaken pursuant to a policy, custom, or practice of Defendant or by a final policymaker, supporting Monell liability under Monell v. Department of Social Services, 436 U.S. 658 (1978).

14. DAMAGES

46. As a direct and proximate result of Defendant's unlawful conduct, Plaintiff has sustained the following:

• Economic damages: lost wages, lost benefits, lost retirement contributions, lost bonuses and commissions, and diminished earning capacity, in an amount exceeding $[AMOUNT];
• SCHAL back pay under S.C. Code Ann. § 1-13-90(d), capped at the two-year accrual period under § 1-13-90(d)(6);
• Compensatory damages (federal counts) for emotional distress, mental anguish, humiliation, loss of professional reputation, and loss of enjoyment of life;
• Punitive damages (federal counts) under 42 U.S.C. § 1981a(b)(1) and 42 U.S.C. § 1981, in an amount sufficient to punish Defendant and deter similar conduct;
• Liquidated damages under 29 U.S.C. § 626(b) for willful ADEA violations;
• Attorney fees and costs under S.C. Code Ann. § 1-13-90(d), 42 U.S.C. § 2000e-5(k), 42 U.S.C. § 1988, 29 U.S.C. § 626(b), and 42 U.S.C. § 12205.

15. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays that this Court enter judgment in Plaintiff's favor and against Defendant as follows:

• A. Declaratory judgment that Defendant's conduct violated the South Carolina Human Affairs Law and the federal statutes set forth above;
• B. Permanent injunctive relief enjoining Defendant from further discriminatory or retaliatory conduct and ordering appropriate equitable relief, including reinstatement;
• C. Back pay, front pay (in lieu of reinstatement where appropriate), lost benefits, and prejudgment interest;
• D. Compensatory damages (federal counts) in an amount to be proven at trial;
• E. Punitive damages (federal counts) under 42 U.S.C. § 1981a and § 1981 in an amount to be determined at trial;
• F. Liquidated damages under 29 U.S.C. § 626(b) for willful ADEA violations;
• G. Reasonable attorney fees, expert fees, and costs under S.C. Code Ann. § 1-13-90(d), 42 U.S.C. § 2000e-5(k), 42 U.S.C. § 1988, 29 U.S.C. § 626(b), and 42 U.S.C. § 12205;
• H. Such other and further relief as the Court deems just and proper.

16. DEMAND FOR TRIAL BY JURY

Plaintiff demands trial by jury on all issues so triable as a matter of right pursuant to Fed. R. Civ. P. 38 (federal forum) or S.C. R. Civ. P. 38 (state forum) and the Seventh Amendment to the United States Constitution and Article I, § 14 of the South Carolina Constitution.

17. SIGNATURE AND SERVICE BLOCKS

Date: [DATE]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], S.C. Bar No. [######]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

18. VERIFICATION (IF FILED IN STATE COURT)

STATE OF SOUTH CAROLINA

COUNTY OF [COUNTY]

I, [PLAINTIFF NAME], being first duly sworn, depose and say that I am the Plaintiff in the foregoing action; that I have read the foregoing Complaint and know the contents thereof; and that the same is true to my own knowledge except as to those matters stated upon information and belief, and as to those I believe them to be true.

[________________________________]

[PLAINTIFF NAME]

Sworn to and subscribed before me this [____] day of [_______________], 20[____].

[________________________________]

Notary Public for South Carolina

(My Commission Expires: [_______________])

19. CERTIFICATE OF SERVICE

I hereby certify that on this the [____] day of [_______________], 20[____], I filed the foregoing COMPLAINT with the Clerk of Court using the [CM/ECF (federal) / SCCA E-File (state)] system, which will automatically send notification to all counsel of record. [For unrepresented Defendants, service was effected by Sheriff or by certified mail, return receipt requested, pursuant to Fed. R. Civ. P. 4 / S.C. R. Civ. P. 4.]

[________________________________]

[ATTORNEY NAME]

20. SOUTH CAROLINA PRACTICE NOTES

• SCHAL coverage threshold. SCHAL applies only to employers with FIFTEEN (15) or more employees for each working day in each of twenty or more calendar weeks (S.C. Code § 1-13-30(c)). Smaller employers fall outside both SCHAL and Title VII / ADA. Section 1981 and § 1983 have no numerosity threshold.
• Protected classes. SCHAL protects race, religion, color, sex (including pregnancy and pregnancy accommodation), age (40+), national origin, and disability. SCHAL does NOT enumerate sexual orientation or gender identity as protected classes; SO/GI claims must be pleaded under Title VII (post-Bostock) and § 1983 Equal Protection.
• SCHAC exhaustion. A SCHAL plaintiff must file a verified charge with SCHAC within 180 calendar days of the alleged unlawful practice (§ 1-13-90(a)). Failure to exhaust bars suit.
• Private-action timing. Suit must be filed within ONE (1) year of the violation OR within 120 days of SCHAC's dismissal, whichever occurs earlier (§ 1-13-90(d)(8)). The respondent may extend the period in writing.
• SCHAL federal-preemption clause. § 1-13-90(d)(8) provides that no SCHAL action may be brought, and any pending SCHAL action shall be promptly dismissed, if a federal action alleging essentially the same facts and seeking relief for the same complainant has been brought in federal court. Counsel should plan forum strategy carefully — filing Title VII / ADA / ADEA in federal court typically extinguishes the SCHAL count.
• Damages cap (SCHAL). SCHAL relief is limited to injunctive relief, reinstatement / hiring, back pay (capped at two years preceding the SCHAC charge under § 1-13-90(d)(6)), court costs, and reasonable attorney fees. Compensatory damages, punitive damages, and damages for emotional distress are NOT available under SCHAL — plead parallel federal counts to obtain those remedies.
• EEOC dual-filing. SCHAC and EEOC operate under a worksharing agreement; charges filed with SCHAC are typically dual-filed with EEOC. South Carolina is a deferral state, so the EEOC charge-filing deadline is 300 days under 42 U.S.C. § 2000e-5(e)(1) (vs. 180 days for SCHAC).
• Federal-court damages caps. Title VII and ADA compensatory and punitive damages are capped under 42 U.S.C. § 1981a(b)(3) at $50,000 (15-100 employees), $100,000 (101-200), $200,000 (201-500), and $300,000 (501+). Section 1981 has no cap. ADEA permits liquidated damages for willful violations but not compensatory or punitive damages.
• Sovereign and qualified immunity. Eleventh Amendment immunity bars § 1983 damages claims against the State of South Carolina and its agencies. Title VII abrogates sovereign immunity; ADEA and Title I of the ADA do not as to the State. The South Carolina Tort Claims Act, S.C. Code § 15-78-10 et seq., does not apply to civil-rights statutory claims but should be considered when pendent tort claims are asserted.
• Forum and removal. Federal-question jurisdiction lies in the U.S. District Court for the District of South Carolina. SCHAL claims may be filed in the Court of Common Pleas in the county where the cause of action arose (S.C. Code § 15-5-150) and may be removed to federal court if federal counts are also pleaded (28 U.S.C. § 1441).
• Service. In federal court, follow Fed. R. Civ. P. 4(h) for corporate defendants. In state court, follow S.C. R. Civ. P. 4 and serve the registered agent listed with the South Carolina Secretary of State.
• Continuing-violation / hostile-work-environment. Each act within the 180-day SCHAC window (and within the 300-day EEOC window) is timely under National Railroad Passenger Corp. v. Morgan, 536 U.S. 101 (2002); the entire course of conduct may be considered for hostile-environment claims.

21. SOURCES AND REFERENCES

• South Carolina Human Affairs Law, S.C. Code Ann. Title 1, Chapter 13 — https://www.scstatehouse.gov/code/t01c013.php
• S.C. Code Ann. § 1-13-80 (Unlawful employment practices) — https://www.scstatehouse.gov/code/t01c013.php
• S.C. Code Ann. § 1-13-90 (Complaints; private right of action; remedies) — https://www.scstatehouse.gov/code/t01c013.php
• South Carolina Human Affairs Commission (SCHAC) — https://schac.sc.gov/
• SCHAC Employment Discrimination resources — https://schac.sc.gov/employment-discrimination
• SCHAC Filing Procedures — https://schac.sc.gov/employment-discrimination/how-file-employment-complaints
• South Carolina Rules of Civil Procedure — https://www.sccourts.org/courtReg/displayRule.cfm?ruleID=8.0&subRuleID=&ruleType=CIV
• 42 U.S.C. § 2000e et seq. (Title VII)
• 42 U.S.C. § 1981 (Equal contract rights)
• 42 U.S.C. § 1981a (Compensatory and punitive damages and statutory caps)
• 42 U.S.C. § 1983 (Civil rights — color of state law)
• 29 U.S.C. § 621 et seq. (ADEA)
• 42 U.S.C. § 12101 et seq. (ADA)
• Monell v. Department of Social Services, 436 U.S. 658 (1978)
• McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973)
• Comcast Corp. v. National Ass'n of African American-Owned Media, 589 U.S. 327 (2020) (§ 1981 but-for causation)
• Gross v. FBL Financial Services, Inc., 557 U.S. 167 (2009) (ADEA but-for causation)
• Bostock v. Clayton County, 590 U.S. 644 (2020) (Title VII reaches sexual orientation and gender identity)
• National Railroad Passenger Corp. v. Morgan, 536 U.S. 101 (2002) (continuing-violation / hostile-environment)
• U.S. EEOC Greenville Local Office, 301 N. Main Street, Suite 1402, Greenville, SC 29601 — https://www.eeoc.gov/field-office/greenville
• U.S. EEOC Charlotte District Office (parent office for SC) — https://www.eeoc.gov/field-office/charlotte

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. The South Carolina Human Affairs Law allows only equitable relief, back pay, and attorney fees — compensatory and punitive damages must be pursued through parallel federal counts. An attorney licensed in South Carolina must review and customize this document before filing. Verify all citations and deadlines before use.