Age Discrimination in the Workplace: Know Your Rights

Guest post from the South Carolina Human Affairs Commission.

Age Discrimination in the Workplace:
How Does the South Carolina Human Affairs Law Protect You?

The South Carolina Human Affairs Law (SCHAL) protects workers against employment discrimination including unfair treatment and harassment because of race, color, religion, sex (including sexual harassment, pregnancy, gender identity and sexual orientation), national origin, age (40 and above), and disability. S.C. Code Ann. § 1-13-10 et al

The South Carolina Human Affairs Commission is the agency charged with enforcing the SCHAL and investigating complaints of workplace discrimination.

The SCHAL, like the federal Age Discrimination in Employment Act (ADEA), forbids age discrimination against applicants and employees who are age 40 or older. The ADEA is enforced by the U.S. Equal Employment Opportunity Commission (EEOC) which contracts with the South Carolina Human Affairs Commission to investigate complaints of ADEA violations in the state.

Age Discrimination
Age discrimination involves treating someone (an applicant or employee) less favorably because of his/her age. The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.

Age Discrimination & Harassment
It is unlawful to harass a person because of his/her age. A common form of age-based harassment in the workplace includes unwelcome, offensive remarks or insults about a person's age. Although the law does not prohibit simple teasing, offhand comments, or isolated incidents, harassment is illegal when it is so frequent or severe that it creates a hostile work environment or when it results in an adverse employment decision (such as the victim being fired or demoted). The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.

What To Do About Employment Discrimination

· You have the right to file a complaint with the South Carolina Human Affairs Commission if you believe you have been discriminated against because of race, color, religion, sex (including sexual harassment, pregnancy, gender identity and sexual orientation), national origin, age, or disability.
· A complaint brought under the SCHAL must be filed within 180 days from the date of the discriminatory act.
· Once filed your complaint will be assigned for mediation, investigation, or transferred to EEOC.
· If there was a violation, the SC Human Affairs Commission may be able to help you get certain legal remedies.
· It is unlawful for an employer to retaliate against an employee for filing a discrimination complaint.

About the South Carolina Human Affairs Commission
The South Carolina Human Affairs Law, enacted in 1972, created the South Carolina Human Affairs Commission. The law was implemented to promote harmony and the improvement of human affairs including encouraging fair treatment, eliminating, and preventing unlawful discrimination, and fostering mutual understanding and respect among all people in South Carolina.

Visit our website: https://schac.sc.gov/
Sources: Age Discrimination | Human Affairs Commission; S.C. Code Ann. § 1-13-10 et al

For information contact:
Alphia Dunbar
Training Coordinator
South Carolina Human Affairs Commission
adunbar@schac.sc.gov