South Carolina Human Affairs Commission (SCHAC) / EEOC Charge of Discrimination

SOUTH CAROLINA CHARGE OF EMPLOYMENT DISCRIMINATION (SCHAC / EEOC)

TABLE OF CONTENTS

1. Agency Selection and Filing Information
2. Charging Party Information
3. Respondent (Employer) Information
4. Cause(s) of Discrimination
5. Date(s) of Discrimination
6. Statement of Particulars (Narrative)
7. Continuing Violation / Hostile Work Environment
8. Comparators and Evidence of Discriminatory Treatment
9. Retaliation Allegations
10. Reasonable Accommodation Allegations (Disability / Pregnancy / Religion)
11. Damages and Relief Requested
12. Witnesses
13. Verification and Signature
14. Worksharing / Dual-Filing Authorization
15. Filing and Submission Checklist
16. South Carolina Practice Notes
17. Sources and References

1. AGENCY SELECTION AND FILING INFORMATION

SCHAC mailing address (verify before filing):

South Carolina Human Affairs Commission

1026 Sumter Street, Suite 101

Columbia, SC 29201

Phone: (803) 737-7800 / Toll-free (800) 521-0725

Website: https://schac.sc.gov/

EEOC office (Greenville Local Office):

U.S. Equal Employment Opportunity Commission

301 N. Main Street, Suite 1402

Greenville, SC 29601

(The Greenville Local Office is part of the EEOC Charlotte District.)

2. CHARGING PARTY INFORMATION

3. RESPONDENT (EMPLOYER) INFORMATION

4. CAUSE(S) OF DISCRIMINATION

Check ALL bases that apply (each protected class corresponds to SCHAL and the federal counterpart):

• ☐ Race — S.C. Code § 1-13-80(A)(1); 42 U.S.C. § 2000e-2(a); 42 U.S.C. § 1981
• ☐ Color — S.C. Code § 1-13-80(A)(1); 42 U.S.C. § 2000e-2(a)
• ☐ Religion — S.C. Code § 1-13-80(A)(1); 42 U.S.C. § 2000e-2(a)
• ☐ Sex (including pregnancy, childbirth, related conditions) — S.C. Code § 1-13-80(A); 42 U.S.C. § 2000e-2(a); Pregnancy Discrimination Act
• ☐ Sexual orientation / gender identity — Bostock v. Clayton County, 590 U.S. 644 (2020) (Title VII); SCHAL does NOT enumerate SO/GI
• ☐ National origin — S.C. Code § 1-13-80(A)(1); 42 U.S.C. § 2000e-2(a)
• ☐ Age (40+) — S.C. Code § 1-13-80(A)(1); 29 U.S.C. § 623(a) (ADEA)
• ☐ Disability — S.C. Code § 1-13-80(A)(1); 42 U.S.C. § 12112 (ADA)
• ☐ Genetic information — 42 U.S.C. § 2000ff-1 (GINA)
• ☐ Retaliation — S.C. Code § 1-13-80(B); 42 U.S.C. § 2000e-3(a); 29 U.S.C. § 623(d); 42 U.S.C. § 12203
• ☐ Failure to accommodate (disability, pregnancy, religion) — S.C. Code § 1-13-80(A); 42 U.S.C. § 12112(b)(5); 42 U.S.C. § 2000e(j)

5. DATE(S) OF DISCRIMINATION

6. STATEMENT OF PARTICULARS (NARRATIVE)

I, [CHARGING PARTY NAME], allege as follows:

1. Employment background. I was hired by Respondent [EMPLOYER] on [DATE] as a [POSITION]. Throughout my employment I performed my duties satisfactorily and met or exceeded my employer's legitimate expectations, as reflected in [performance reviews / commendations / pay raises].

2. Protected class. I am a member of the following protected class(es): [RACE / SEX / AGE — d.o.b. __/__/____ / DISABILITY — diagnosis: ____ / NATIONAL ORIGIN / RELIGION].

3. Adverse employment action. On [DATE], Respondent [TERMINATED / DEMOTED / SUSPENDED / FAILED TO PROMOTE / FAILED TO HIRE / CONSTRUCTIVELY DISCHARGED / SUBJECTED ME TO A HOSTILE WORK ENVIRONMENT]. The circumstances were: [NARRATIVE — who took the action, when, where, what reason was given].

4. Discriminatory animus. I believe the action was motivated by my [protected class] for the following reasons: [supervisor statements; written communications; comparator treatment; statistical disparity; shifting or pretextual explanations; pattern of similar conduct toward other members of my protected class].

5. Pretext. The reasons offered by Respondent for the adverse action were pretextual because [describe inconsistencies, falsity, or shifting rationales].

6. Internal complaints. Prior to the adverse action, I reported the discriminatory conduct to [HR / supervisor / hotline] on [DATE(S)]. Respondent [failed to investigate / retaliated / took no corrective action].

7. Effects. As a result of Respondent's conduct, I have suffered lost wages, lost benefits, lost career advancement, emotional distress, humiliation, and damage to my professional reputation.

7. CONTINUING VIOLATION / HOSTILE WORK ENVIRONMENT

(Complete only if alleging a continuing violation or hostile-environment claim.)

8. The discriminatory conduct was not a single discrete act but a continuing course of conduct that began on [DATE] and continued through [DATE].

9. The most recent unlawful act occurred on [DATE], within 180 days of the filing of this Charge with SCHAC.

10. The pattern of unlawful conduct included [describe the specific acts, frequency, severity, and pervasiveness — slurs, threats, physical assaults, intimidation, exclusion from meetings, denial of training, etc.].

11. The conduct was sufficiently severe or pervasive to alter the conditions of my employment and create an objectively and subjectively abusive working environment under Harris v. Forklift Systems, Inc., 510 U.S. 17 (1993).

8. COMPARATORS AND EVIDENCE OF DISCRIMINATORY TREATMENT

9. RETALIATION ALLEGATIONS

(Complete only if retaliation is alleged.)

12. Protected activity. On [DATE], I engaged in activity protected by S.C. Code § 1-13-80(B) and 42 U.S.C. § 2000e-3(a) by [opposing discriminatory conduct / filing an internal complaint / requesting a reasonable accommodation / participating in a SCHAC or EEOC investigation].

13. Knowledge. Respondent's decision-makers had knowledge of the protected activity by [date / source].

14. Materially adverse action. Within [NUMBER] days of the protected activity, Respondent took the following materially adverse action(s) against me: [describe — termination, demotion, transfer, hostile environment, etc.].

15. Causal connection. Temporal proximity, shifting explanations, and [other circumstantial evidence] establish a causal link between my protected activity and the adverse action.

10. REASONABLE ACCOMMODATION ALLEGATIONS (Disability / Pregnancy / Religion)

(Complete only if accommodation issues are alleged.)

16. Limitation. I have a [disability / pregnancy-related medical condition / sincerely held religious belief or practice] that substantially limits [major life activity / work function].

17. Request. On [DATE], I requested a reasonable accommodation, specifically [describe accommodation — modified schedule, leave, equipment, assignment change, religious dress / observance].

18. Interactive process. Respondent [engaged in / failed to engage in] the interactive process required by 42 U.S.C. § 12112(b)(5) (ADA), S.C. Code § 1-13-80 (SCHAL pregnancy accommodation), and 42 U.S.C. § 2000e(j) (Title VII religious accommodation).

19. Outcome. Respondent [denied the accommodation / offered an inadequate alternative / terminated me in lieu of accommodating] without demonstrating undue hardship.

11. DAMAGES AND RELIEF REQUESTED

I request the following relief from SCHAC and (through dual-filing) the EEOC:

• ☐ Investigation and finding of cause under S.C. Code § 1-13-90(c)
• ☐ Conciliation between Charging Party and Respondent under S.C. Code § 1-13-90(c)
• ☐ Reinstatement to my former position
• ☐ Hiring to the position I was denied
• ☐ Promotion / pay adjustment
• ☐ Back pay (subject to the two-year accrual cap of S.C. Code § 1-13-90(d)(6))
• ☐ Front pay in lieu of reinstatement
• ☐ Lost benefits (insurance, retirement, leave)
• ☐ Compensatory damages (federal counts only — Title VII / ADA / § 1981)
• ☐ Punitive damages (federal counts only — Title VII / ADA / § 1981)
• ☐ Liquidated damages (ADEA, willful violation)
• ☐ Attorney fees and costs under S.C. Code § 1-13-90(d) and 42 U.S.C. § 2000e-5(k)
• ☐ Cease-and-desist order prohibiting further discriminatory or retaliatory conduct
• ☐ Posting of anti-discrimination notice and training
• ☐ Notice of Right to Sue if conciliation is unsuccessful or SCHAC fails to act within the statutory period

12. WITNESSES

13. VERIFICATION AND SIGNATURE

I declare under penalty of perjury under the laws of the State of South Carolina and the United States that the foregoing Charge is true and correct to the best of my knowledge, information, and belief.

Date: [__/__/____]

[________________________________]

[CHARGING PARTY SIGNATURE]

[CHARGING PARTY PRINTED NAME]

SCHAC verification (notarization required):

STATE OF SOUTH CAROLINA

COUNTY OF [COUNTY]

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

[________________________________]

Notary Public for South Carolina

(My Commission Expires: [_______________])

14. WORKSHARING / DUAL-FILING AUTHORIZATION

By filing this Charge with the South Carolina Human Affairs Commission, the Charging Party requests that the Charge be dual-filed with the U.S. Equal Employment Opportunity Commission pursuant to the SCHAC-EEOC worksharing agreement under 29 C.F.R. § 1601.13. The Charging Party authorizes SCHAC to share information, records, and findings with the EEOC and vice versa, and to deferred or waive jurisdiction in accordance with the worksharing agreement.

The Charging Party further preserves all rights under federal law, including the right to a Notice of Right to Sue under 42 U.S.C. § 2000e-5(f)(1) and the right to file suit within 90 days of receipt of that Notice.

[________________________________]

[CHARGING PARTY SIGNATURE] Date: [__/__/____]

15. FILING AND SUBMISSION CHECKLIST

Before submitting, confirm the following:

• ☐ Charge is filed within 180 days of the latest discriminatory act (S.C. Code § 1-13-90(a))
• ☐ All Charging Party fields are complete and accurate
• ☐ Respondent's legal name, address, and approximate employee count are correct
• ☐ Each protected class checked on the Cause(s) form is supported by facts in the Statement of Particulars
• ☐ Dates of discrimination are specified with day / month / year
• ☐ Continuing-violation or hostile-environment allegations identify at least one act within the 180-day window
• ☐ Comparators and witnesses are identified by name where known
• ☐ Verification block is signed and notarized (or executed under penalty of perjury on EEOC Form 5)
• ☐ Worksharing / dual-filing authorization is signed
• ☐ Copies of supporting documents (offer letter, performance reviews, termination notice, internal complaints, medical or accommodation records, demographic data) are gathered for production during the investigation
• ☐ A copy of the filed Charge is retained for the Charging Party's records
• ☐ Calendar entries are set for the 180-day investigation period and the 1-year / 120-day private-action deadlines under S.C. Code § 1-13-90(d)(8)

16. SOUTH CAROLINA PRACTICE NOTES

• Strict 180-day SCHAC deadline. S.C. Code § 1-13-90(a) and (b) require filing within 180 calendar days of the alleged unlawful practice. Untimely charges are dismissed and bar SCHAL suit. The 300-day EEOC extension does not save a SCHAL charge filed beyond 180 days.
• EEOC deferral and 300-day window. Because SCHAC has a worksharing agreement with EEOC, South Carolina is a deferral jurisdiction. The federal EEOC charge-filing deadline is therefore 300 days under 42 U.S.C. § 2000e-5(e)(1) — but the SCHAC deadline remains 180 days.
• 15-employee threshold. SCHAL applies only to employers with 15 or more employees in 20 or more calendar weeks (S.C. Code § 1-13-30(c)). Smaller employers fall outside SCHAL and Title VII / ADA. Charging parties may still pursue § 1981 (race) without numerosity.
• SCHAL protected classes. Race, religion, color, sex (including pregnancy and pregnancy accommodation), age (40+), national origin, and disability. SCHAL does NOT enumerate sexual orientation or gender identity; SO/GI claims are preserved under Title VII (post-Bostock).
• Investigation period. SCHAC must allow itself at least 180 days to investigate and conciliate. The average SCHAC investigation reportedly takes about 182 days. After investigation, SCHAC may issue a finding of cause, dismiss the charge, or refer the matter for litigation under § 1-13-90.
• Private-action timing. S.C. Code § 1-13-90(d)(8) requires the charging party to file suit within ONE YEAR of the violation OR within 120 days of dismissal, whichever occurs earlier (subject to written extension by the respondent). Calendar both deadlines.
• Federal-preemption clause. Under § 1-13-90(d)(8), no SCHAL action may be brought, and any pending SCHAL action shall be promptly dismissed, if a federal action alleging essentially the same facts has been filed in federal court. Counsel should plan forum strategy before requesting an EEOC right-to-sue.
• SCHAL damages. Available SCHAL remedies are equitable (reinstatement / hiring / cease-and-desist), back pay (capped at two years preceding the charge under § 1-13-90(d)(6)), court costs, and reasonable attorney fees. Compensatory damages, punitive damages, and emotional-distress damages are NOT available under SCHAL — preserve federal counts (Title VII / ADA / § 1981 / ADEA) for those remedies.
• Title VII / ADA federal damages caps. Compensatory and punitive damages under federal civil-rights statutes 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.
• Pregnancy accommodation. S.C. Code § 1-13-80(L) (and corresponding federal Pregnant Workers Fairness Act, 42 U.S.C. § 2000gg) requires reasonable accommodation for medical needs arising from pregnancy, childbirth, or related conditions absent undue hardship.
• Mediation / conciliation. Both SCHAC and EEOC offer mediation. Voluntary mediation typically tolls the investigation period and can result in early resolution.
• Continuing-violation rule. Each act within the 180-day SCHAC 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.
• Public employees. State and local public employees may also pursue § 1983 Equal-Protection and First-Amendment retaliation claims in court without SCHAC exhaustion. Eleventh Amendment immunity bars § 1983 damages claims against the State and its agencies.
• Records preservation. Charging parties should preserve all relevant employment records, communications (email, text, social-media), medical and accommodation documentation, and notes contemporaneous with the events alleged.

17. SOURCES AND REFERENCES

• South Carolina Human Affairs Commission (SCHAC) — https://schac.sc.gov/
• SCHAC Filing a Complaint — https://schac.sc.gov/filing-complaint
• SCHAC Employment Discrimination — https://schac.sc.gov/employment-discrimination
• 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
• SCHAC Prohibited Practices & Discrimination Types — https://schac.sc.gov/employment-discrimination/prohibited-practices-discrimination-types
• 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, investigations, hearings, orders) — https://www.scstatehouse.gov/code/t01c013.php
• SCHAC procedural regulations, S.C. Code Regs. Chapter 65 — https://www.scstatehouse.gov/coderegs/Chapter%2065.pdf
• 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 district for SC) — https://www.eeoc.gov/field-office/charlotte
• 42 U.S.C. § 2000e-5 (Title VII enforcement)
• 29 U.S.C. § 626(d) (ADEA charge-filing)
• 42 U.S.C. § 12117 (ADA enforcement procedures)
• 29 C.F.R. Part 1601 (EEOC procedural regulations)
• 29 C.F.R. § 1601.13 (Worksharing with state and local agencies)
• National Railroad Passenger Corp. v. Morgan, 536 U.S. 101 (2002) (continuing-violation / hostile-environment)
• Harris v. Forklift Systems, Inc., 510 U.S. 17 (1993) (hostile-environment standard)
• Bostock v. Clayton County, 590 U.S. 644 (2020) (Title VII reaches sexual orientation and gender identity)
• Comcast Corp. v. National Ass'n of African American-Owned Media, 589 U.S. 327 (2020) (§ 1981 but-for causation)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. The 180-day SCHAC filing deadline is strict and jurisdictional. SCHAL recovery is limited to equitable relief, back pay, and attorney fees — compensatory and punitive damages must be pursued under parallel federal statutes through dual-filing with the EEOC. An attorney licensed in South Carolina must review and customize this document before filing. Verify the SCHAC office address, deadlines, and procedural rules through schac.sc.gov before submission.