Is South Carolina an at-will employment state?

Yes, South Carolina is an at-will employment state, meaning employers can generally terminate employees for any lawful reason. However, South Carolina recognizes exceptions for discrimination, retaliation, and public policy violations.

What is the EEOC filing deadline in South Carolina?

South Carolina is an EEOC deferral state, so the filing deadline for most federal discrimination charges is extended to 300 days from the date of the alleged violation.

What is the minimum wage in South Carolina?

The minimum wage in South Carolina is $7.25 (federal, no state minimum).

What is the main employment discrimination law in South Carolina?

SC HAL (S.C. Code Ann. §§ 1-13-10 to 1-13-110) is South Carolina's primary employment protection law. It covers employers with 15+ employees and protects against discrimination based on race, color, religion, sex, age (40+), and more.

South Carolina Employment Law

South Carolina Human Affairs Law covers employers with 15+ employees. Limited protections; does not include sexual orientation or gender identity.

At-Will

Yes

Right-to-Work

Yes

EEOC Deferral

300 days

Min. Wage

$7.25

South Carolina State Laws (6)

SC HAL

S.C. Code Ann. §§ 1-13-10 to 1-13-110

180 days

15+ employees

The South Carolina Human Affairs Law prohibits employment discrimination based on race, color, religion, sex, age (40+), national origin, and disability. The Act covers employers with 15 or more employees and complaints must be filed within 180 days with the South Carolina Human Affairs Commission. South Carolina provides relatively limited protections compared to many states, closely mirroring federal law without significant expansion.

Protected Classes

racecolorreligionsexage (40+)national origindisability

Key Provisions

✓Closely mirrors federal anti-discrimination law with limited expansion beyond Title VII and ADA
✓South Carolina Human Affairs Commission investigates complaints and may pursue administrative hearings
✓Does not include sexual orientation, gender identity, or marital status as protected classes

Remedies

Back payReinstatementCompensatory damagesAttorney fees and costsInjunctive reliefCease-and-desist orders

File with: South Carolina Human Affairs Commission (SCHAC)180 days from the discriminatory act

SC Pregnancy Accommodations

S.C. Code § 1-13-30, § 1-13-80 (amending S.C. Human Affairs Law)

180 days

15+ employees

Amends the South Carolina Human Affairs Law to require reasonable accommodations for medical needs arising from pregnancy, childbirth, or related medical conditions, absent undue hardship.

Protected Classes

pregnancychildbirthrelated_medical_conditionssex

Key Provisions

✓Amends the South Carolina Human Affairs Law to require reasonable accommodations for medical needs arising from pregnancy, childbirth, or related medical conditions, absent undue hardship.

Remedies

reinstatementback paycompensatory damagesattorney fees

File with: South Carolina Human Affairs Commission180 days to file with SC Human Affairs Commission

SC Human Affairs Pregnancy

S.C. Code § 1-13-30(L)

180 days

15+ employees

Defines sex discrimination under the SCHAL to include discrimination based on pregnancy, childbirth, or related medical conditions; pregnant employees must be treated the same as other temporarily disabled employees.

Protected Classes

pregnancychildbirthrelated_medical_conditionssex

Key Provisions

✓Defines sex discrimination under the SCHAL to include discrimination based on pregnancy, childbirth, or related medical conditions; pregnant employees must be treated the same as other temporarily disabled employees.

Remedies

back payreinstatementcompensatory damagesattorney fees

File with: South Carolina Human Affairs Commission180 days to file with SC Human Affairs Commission

SC Payment of Wages

S.C. Code §§ 41-10-10 to 41-10-110

1095 days

5+ employees

Requires employers to give written notice of wage rates and pay due wages owed when an employee is discharged or quits; provides treble damages and attorney fees for unpaid wages.

Protected Classes

minimum_wage

Key Provisions

✓Requires employers to give written notice of wage rates and pay due wages owed when an employee is discharged or quits; provides treble damages and attorney fees for unpaid wages.

Remedies

unpaid wagestreble damages (3x unpaid wages)attorney feescourt costs

File with: South Carolina Department of Labor, Licensing and Regulation; private right of action3 years

SC Workers Compensation Retaliatory

S.C. Code § 41-1-80

365 days

1+ employees

Prohibits employers from discharging or demoting an employee because the employee instituted or threatened to institute a workers' compensation proceeding, testified in such a proceeding, or otherwise asserted WC rights.

Protected Classes

workplace_safetyretaliation_for_safety_complaints

Key Provisions

✓Prohibits employers from discharging or demoting an employee because the employee instituted or threatened to institute a workers' compensation proceeding, testified in such a proceeding, or otherwise asserted WC rights.

Remedies

reinstatementback paylost benefitsattorney fees

File with: South Carolina courts (private right of action)1 year

SC Employment Protection for

S.C. Code §§ 8-27-10 to 8-27-60

365 days

1+ employees

Protects state and political-subdivision public employees from retaliation for reporting wrongdoing — defined as a violation of state or federal law, fraud, or substantial waste of public funds — to an appropriate authority.

Protected Classes

fraud_reporting

Key Provisions

✓Protects state and political-subdivision public employees from retaliation for reporting wrongdoing — defined as a violation of state or federal law, fraud, or substantial waste of public funds — to an appropriate authority.

Remedies

reinstatementback paylost benefitsattorney fees up to $10000reward of up to 25% of any savings recovered (capped at $2000)

File with: South Carolina courts (private right of action)1 year

Federal Laws That Apply in South Carolina

These federal statutes protect workers nationwide, including in South Carolina. As a deferral state, the EEOC filing deadline is extended to 300 days for most claims.

Title VII15+ employees

Section 19811+ employees

WARN Act100+ employees

— days

Rehabilitation Act1+ employees

300 days

SOX Section 8061+ employees

180 days

INA Section 1324b4+ employees

180 days

Check which laws apply to your situation in South Carolina

Our free assessment identifies applicable federal, state, and local protections based on your specific circumstances.

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This information is provided for educational purposes only and does not constitute legal advice.South Carolina laws are subject to legislative changes. Consult a qualified employment attorney in South Carolina for advice about your specific situation. Last reviewed: March 2026.