Sexual Harassment & Employment Law in South Carolina

Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Title VII, applies to any company with more than 15 employees when it comes to sexual harassment. The company must also be in an industry affecting interstate commerce.

The United Stated Equal Employment Opportunity Commission (EEOC) defines sexual harassment as:

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment.

According to the EEOC, sexual harassment can occur in a variety of circumstances such as:

• The victim as well as the harasser may be a woman or a man
   
• The victim does not have to be of the opposite sex
   
• The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee
   
• The victim does not have to be the person harassed but could be anyone affected by the offensive conduct
   
• Unlawful sexual harassment may occur without economic injury to or discharge of the victim
   
• The harasser's conduct must be unwelcome.

Title VII charges must be filed with the South Carolina Human Affairs Commision (SCHAC) within 180 days of the alleged discriminatory act. However, you can still file after 180 days if less than 300 days have passed, in which case the charge will be transferred from SCHAC to the EEOC.

According to the "South Carolina Human Affairs Law," S.C. Code Ann. § 1-13-10 et seq., it is against the law for an employer, employment agency, or laborganization to discriminate against an individual based on their sex.    

There are two basic types of sexual harassment:

• Quid Pro Quo - Occurs when someone with authority over your job, such as supervisor, demands sexual favors from an employee in exchange for assistance in promoting, hiring, or retaining the employee.     
   
• Hostile Work Environment - Occurs when unwelcome sexual conduct unreasonably interferes with an individual's job performance or creates a hostile, intimidating or offensive work environment.

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If you or someone you know has been discriminated against by an employer, labor union or employment agency when applying for a job or while on the job because of your race, color, sex, religion, national origin, age, or disability, call the law firm of Futeral & Nelson, LLC locally at (843) 284-5500, toll free at (877) 913-5500, or email info@charlestonlaw.net.

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The contents of this web site are for informational purposes regarding legal issues in South Carolina and are not intended to convey detailed legal advice on specific issues. Transmission of the information contained in this site or any sites linked hereto is not intended to create, and receipt does not constitute, an attorney-client relationship. Our attorneys practice law only in jurisdictions we are properly authorized to do so and do not seek to represent anyone in any jurisdiction where this site does not comply with applicable laws and bar rules. The attorneys of the law firm of Futeral & Nelson, LLC are licensed to practice law in the State of South Carolina. Readers should not act upon the information contained in this site without first seeking the advice of an attorney licensed to practice in your area.