FEPA Discrimination Charge and Right-to-Sue Procedure — South Carolina

FEPA Discrimination Charge and Right-to-Sue Procedure (South Carolina)

This template provides a complete South Carolina discrimination charge package: (A) a pre-filing eligibility memo; (B) a Charge of Discrimination for filing with the South Carolina Human Affairs Commission (SCHAC); (C) a Right-to-Sue Demand Letter; (D) a pre-suit Civil Complaint for filing in South Carolina court of common pleas; and (E) a pre-filing checklist.

EEOC Workshare Overlay. Under Whitten v. Fred's, Inc., 601 F.3d 231 (4th Cir. 2010), the Fourth Circuit held that a Charge filed with the EEOC and forwarded to SCHAC under the EEOC-SCHAC workshare agreement satisfies the procedural filing requirement of the South Carolina Human Affairs Law. The transfer back to the EEOC for investigation is not a SCHAC dismissal, and the plaintiff retains the longer one-year limitations period for suing under state law. This is a tactically important rule: a Charging Party who misses the Title VII suit deadline may still have a viable state-law cause of action under S.C. Code § 1-13-90 et seq.

Quick-Reference Summary

Part A — Pre-Filing Eligibility Memo

PRIVILEGED AND CONFIDENTIAL — ATTORNEY WORK PRODUCT

To: [SUPERVISING ATTORNEY]
From: [DRAFTING ATTORNEY/PARALEGAL]
Re: SC Human Affairs Law Eligibility Memo — [CLIENT NAME] v. [RESPONDENT NAME]
Date: [__/__/____]

1. Threshold Eligibility

2. Whitten Workshare Analysis

☐ Filing with EEOC will trigger automatic forwarding to SCHAC under workshare agreement
☐ Transfer back to EEOC for investigation is NOT a SCHAC dismissal — Whitten v. Fred's, Inc., 601 F.3d 231 (4th Cir. 2010)
☐ Charging Party retains 1-year limitations period for state-law claim
☐ Even if Title VII 90-day suit deadline passes, state claim under § 1-13-90 may remain viable

3. Continuing Violation Analysis

4. Damages Estimate

5. Recommendation

☐ Dual-file via EEOC (auto-forward to SCHAC) within 180 days for state preservation
☐ Federal coverage analysis: Title VII (15+), ADEA (20+), ADA (15+)
☐ Issue litigation hold to employer
☐ Decline representation (reasons): [____]

Part B — Charge of Discrimination (SCHAC / EEOC Dual-Filed)

SOUTH CAROLINA HUMAN AFFAIRS COMMISSION
1026 SUMTER STREET, SUITE 101, COLUMBIA, SC 29201
(803) 737-7800 | TOLL-FREE 1-800-521-0725 | www.schac.sc.gov

AND DUAL-FILED WITH:

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Charlotte District Office (serves SC), 129 West Trade Street, Suite 400, Charlotte, NC 28202

CHARGE OF DISCRIMINATION

This charge is filed with both SCHAC and the EEOC under the workshare agreement pursuant to 29 C.F.R. § 1601.13 and Whitten v. Fred's, Inc., 601 F.3d 231 (4th Cir. 2010).

Protected Class(es) — Check all that apply

☐ Race
☐ Color
☐ National Origin / Ancestry
☐ Religion
☐ Sex (including pregnancy, childbirth, related conditions)
☐ Sexual Orientation (per Bostock v. Clayton County, 590 U.S. 644 (2020), and SCHAC interpretive guidance)
☐ Gender Identity (per Bostock and SCHAC interpretive guidance)
☐ Age (40 or older)
☐ Disability (including reasonable accommodation)
☐ Retaliation for protected activity

Particulars (Statement of Discrimination)

I. Personal Information

I, [COMPLAINANT NAME], was employed by [RESPONDENT] as a [JOB TITLE] from [__/__/____] until [__/__/____]. At all relevant times, I [describe protected class membership].

II. Discriminatory Acts

[Chronological narrative of incidents — date, location, persons involved, what was said/done, witnesses, documentation.]

III. Adverse Employment Action

On [__/__/____], I was [terminated / demoted / denied promotion / denied accommodation / subjected to harassment / constructively discharged]. The stated reason was [____], which I believe is pretextual because [____].

IV. Comparators

[Identify similarly situated employees outside the protected class treated more favorably.]

V. Causation and Statutory Violations

I believe I was discriminated against because of my [PROTECTED CLASS] in violation of:

• The South Carolina Human Affairs Law, S.C. Code Ann. § 1-13-80;
• Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2;
• The Americans with Disabilities Act, 42 U.S.C. § 12112 [if applicable];
• The Age Discrimination in Employment Act, 29 U.S.C. § 623 [if applicable].

Verification

I swear or affirm under penalty of perjury under the laws of the State of South Carolina that the foregoing is true and correct.

Signature of Charging Party: _________________________________
Date: [__/__/____]

Subscribed and sworn before me this ___ day of __________, 20___.

_________________________________
Notary Public, State of South Carolina
My commission expires: [__/__/____]

Part C — Right-to-Sue Demand Letter

[LAW FIRM LETTERHEAD]

[DATE]

VIA CERTIFIED MAIL — RETURN RECEIPT REQUESTED

Commissioner
South Carolina Human Affairs Commission
1026 Sumter Street, Suite 101
Columbia, SC 29201

Re: Request for Notice of Right to Sue — S.C. Code § 1-13-90(d)
Charging Party: [NAME]
Respondent: [NAME]
SCHAC Charge No.: [____]
EEOC Charge No.: [____]
Date Charge Filed: [__/__/____]

Dear Commissioner:

This firm represents Charging Party [NAME] in the above-referenced matter. Pursuant to S.C. Code § 1-13-90(d), more than one hundred eighty (180) days have elapsed since the filing of the Charge of Discrimination with SCHAC, and the Commission has not yet issued a final determination.

Charging Party hereby formally requests that the Commission issue a Notice of Right to Sue so that Charging Party may pursue a civil action in the South Carolina Court of Common Pleas under the South Carolina Human Affairs Law, S.C. Code § 1-13-90(d)(6)–(8).

Charging Party understands that under state law, the civil action must be commenced within one (1) year of dismissal. Charging Party further requests parallel federal Right-to-Sue issuance from the EEOC, with a 90-day federal suit window.

Please direct all correspondence to the undersigned at the address above.

Respectfully,

_________________________________
[ATTORNEY NAME], Esq.
South Carolina Bar No. [____]
[FIRM NAME]
Counsel for Charging Party

cc: U.S. EEOC, Charlotte District Office (regarding parallel federal RTS)

Part D — Pre-Suit Civil Complaint (SC Human Affairs Law + Title VII)

STATE OF SOUTH CAROLINA
COUNTY OF [COUNTY]
IN THE COURT OF COMMON PLEAS — [JUDICIAL] JUDICIAL CIRCUIT

Case No.: [____]

SUMMONS AND COMPLAINT
(JURY TRIAL DEMANDED)

Plaintiff [NAME], by and through undersigned counsel, files this Complaint against Defendant and alleges as follows:

I. PARTIES, JURISDICTION, AND VENUE

1. Plaintiff is a resident of [COUNTY] County, South Carolina.
2. Defendant is a [STATE OF INCORPORATION] [corporation / LLC / etc.] authorized to do business in South Carolina, with its principal place of business in [COUNTY] County.
3. Defendant employed 15 or more persons in each of 20 or more calendar weeks at all relevant times and is an "employer" under S.C. Code § 1-13-30(e).
4. This Court has subject-matter jurisdiction under S.C. Const. Art. V, § 11 and S.C. Code § 14-5-150.
5. Venue is proper in [COUNTY] County under S.C. Code § 1-13-90(d)(7) and § 15-7-30.

II. EXHAUSTION OF ADMINISTRATIVE REMEDIES

6. On [__/__/____], Plaintiff timely filed a Charge of Discrimination with SCHAC (Charge No. [____]) and the EEOC (Charge No. [____]) within 180 days of the latest discriminatory act.
7. On [__/__/____], SCHAC issued a Notice of Right to Sue. This Complaint is filed within one (1) year of dismissal as required by S.C. Code § 1-13-90(d)(6).
8. On [__/__/____], EEOC issued a Notice of Right to Sue. This Complaint is filed within 90 days of receipt as required by 42 U.S.C. § 2000e-5(f)(1).
9. Under Whitten v. Fred's, Inc., 601 F.3d 231 (4th Cir. 2010), Plaintiff has satisfied all procedural prerequisites for both state and federal claims.

III. FACTUAL ALLEGATIONS

10. [Chronological narrative supported by documentary evidence.]

IV. CLAIMS FOR RELIEF

COUNT I — Discrimination in Violation of the South Carolina Human Affairs Law (S.C. Code § 1-13-80)

11. Plaintiff incorporates the preceding paragraphs.
12. Plaintiff is a member of a protected class under S.C. Code § 1-13-20.
13. Defendant subjected Plaintiff to an adverse employment action because of Plaintiff's protected class.

COUNT II — Hostile Work Environment / Harassment

14. Defendant's agents subjected Plaintiff to unwelcome conduct based on protected class, sufficiently severe or pervasive to alter the terms and conditions of employment.

COUNT III — Retaliation (S.C. Code § 1-13-80(A)(2))

15. Plaintiff engaged in protected activity.
16. Defendant took materially adverse action against Plaintiff because of the protected activity.

COUNT IV — Title VII / ADA / ADEA (Federal Parallel Claims)

[Plead in the alternative; preserves access to compensatory and punitive damages under 42 U.S.C. § 1981a, subject to statutory caps.]

COUNT V — Wrongful Discharge in Violation of Public Policy (where applicable)

17. Plaintiff was discharged in violation of clear South Carolina public policy as recognized in Ludwick v. This Minute of Carolina, Inc., 287 S.C. 219, 337 S.E.2d 213 (1985).

V. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests:

a. Back pay and lost benefits under S.C. Code § 1-13-90(d)(8);
b. Front pay or reinstatement;
c. Compensatory damages for emotional distress under Title VII (subject to § 1981a caps);
d. Punitive damages under Title VII (subject to § 1981a caps);
e. Reasonable attorneys' fees and costs;
f. Pre- and post-judgment interest;
g. A trial by jury on all triable issues;
h. Such other and further relief as the Court deems just and proper.

PLAINTIFF DEMANDS A TRIAL BY JURY ON ALL TRIABLE ISSUES.

Respectfully submitted this ___ day of __________, 20___.

_________________________________
[ATTORNEY NAME], Esq., SC Bar No. [____]
[FIRM NAME, ADDRESS, PHONE, EMAIL]
Counsel for Plaintiff

Part E — Pre-Filing Checklist

Intake / Eligibility

☐ Confirm South Carolina-based employment
☐ Confirm respondent has 15+ employees in 20+ calendar weeks
☐ Identify protected class(es) under S.C. Code § 1-13-20
☐ Identify adverse employment action(s)
☐ Calculate 180-day SCHAC deadline
☐ Calculate 300-day EEOC workshare deadline
☐ Identify continuing-violation theory if harassment alleged
☐ Determine federal coverage (Title VII 15+, ADEA 20+, ADA 15+)

Documentation

☐ Personnel file
☐ Performance reviews and disciplinary records
☐ Pay records / W-2s / paystubs
☐ Termination letter / separation notice
☐ Witness contact information (preserved)
☐ Comparator evidence
☐ Employer policies / handbook / anti-harassment policy
☐ Internal complaints filed
☐ Medical records (if disability or emotional distress)
☐ Electronic communications

Filing

☐ Complete SCHAC online questionnaire (https://schac.sc.gov)
☐ Sign Charge under oath or affirmation
☐ Dual-file with EEOC (auto-workshare to SCHAC under Whitten)
☐ Issue litigation hold to employer
☐ Calendar 180-day administrative review deadline

Post-Filing

☐ Monitor for respondent's 30-day answer
☐ Submit rebuttal to position statement
☐ Consider voluntary mediation (SCHAC mediation services available)
☐ Request RTS after 180 days of administrative inactivity if needed
☐ File civil action within 1 year of SCHAC dismissal (state) or 90 days of EEOC RTS (federal)
☐ Preserve both clocks — they run in parallel

Sources and References

• South Carolina Human Affairs Law, S.C. Code §§ 1-13-10 et seq.: https://www.scstatehouse.gov/code/t01c013.php
• SCHAC official website: https://schac.sc.gov
• SCHAC — How to File Employment Complaints: https://schac.sc.gov/employment-discrimination/how-file-employment-complaints
• SCHAC — Timelines: https://schac.sc.gov/employment-discrimination/how-file-employment-complaints/timelines
• Whitten v. Fred's, Inc., 601 F.3d 231 (4th Cir. 2010): https://www.ca4.uscourts.gov/Opinions/Published/091619.P.pdf
• Ludwick v. This Minute of Carolina, Inc., 287 S.C. 219, 337 S.E.2d 213 (1985) (public policy wrongful discharge)
• EEOC Charlotte District Office: https://www.eeoc.gov/field-office/charlotte/location
• EEOC — Time Limits for Filing a Charge: https://www.eeoc.gov/time-limits-filing-charge