South Carolina Human Affairs Commission
The South Carolina Human Affairs Commission (SCHAC) is the state agency responsible for enforcing anti-discrimination law in employment, housing, and public accommodations across South Carolina. Established under the South Carolina Human Affairs Law, the Commission operates as the primary state-level civil rights enforcement body and serves as the state's designated Fair Employment Practices Agency (FEPA) under a work-sharing agreement with the U.S. Equal Employment Opportunity Commission (EEOC). This page covers the agency's statutory mandate, investigative procedures, covered classes, and jurisdictional boundaries.
Definition and scope
SCHAC derives its authority from the South Carolina Human Affairs Law, S.C. Code Ann. § 1-13-10 et seq., enacted by the South Carolina General Assembly. The agency's mandate covers 3 primary domains:
- Employment discrimination — covering employers with 15 or more employees in South Carolina, targeting adverse actions based on race, color, religion, sex, national origin, age (40 and over), disability, and familial status in certain housing contexts.
- Housing discrimination — enforcing the South Carolina Fair Housing Law (S.C. Code Ann. § 31-21-10 et seq.), which mirrors the federal Fair Housing Act and prohibits discrimination in the sale, rental, financing, and terms of housing.
- Public accommodations — prohibiting discrimination in places open to the general public, including hotels, restaurants, and retail establishments.
SCHAC is a gubernatorially appointed commission composed of 12 members, with a professional staff that manages intake, investigation, mediation, and enforcement functions. The agency is headquartered in Columbia, South Carolina.
The South Carolina Department of Labor, Licensing and Regulation handles occupational licensing and wage enforcement as a structurally separate function; SCHAC does not hold authority over those matters.
How it works
SCHAC processes complaints through a defined administrative sequence. The standard intake-to-resolution pathway follows these stages:
- Charge filing — A complainant files a charge of discrimination within 300 days of the alleged discriminatory act. This 300-day window applies under the FEPA work-sharing agreement with the EEOC (EEOC Charge Filing Information). Charges filed with SCHAC are automatically dual-filed with the EEOC, and vice versa, under the cross-filing protocol.
- Notification — The respondent (the employer, housing provider, or public accommodation) receives formal written notice and is provided an opportunity to submit a position statement.
- Investigation — SCHAC investigators gather documentary evidence, conduct witness interviews, and may issue requests for information. The agency holds subpoena authority under S.C. Code Ann. § 1-13-90 to compel document production.
- Mediation — Before or during investigation, parties may elect voluntary mediation. SCHAC maintains a mediation program that resolves a portion of cases without a formal finding.
- Determination — Upon completing the investigation, SCHAC issues either a finding of Probable Cause or No Probable Cause. A Probable Cause finding advances the case toward conciliation or hearing before the agency's Human Affairs Commission panel.
- Conciliation or public hearing — If conciliation fails following a Probable Cause finding, the matter may proceed to a formal public hearing or be referred to the South Carolina Attorney General for civil enforcement.
Cases not resolved through SCHAC's administrative process may result in a Right to Sue notice, allowing the complainant to pursue the matter in state or federal court.
Common scenarios
SCHAC's caseload concentrates in several recurring fact patterns:
- Termination based on protected class — An employee alleges discharge motivated by race, sex, or disability status. SCHAC investigates whether similarly situated employees outside the protected class received different treatment under comparable circumstances.
- Failure to accommodate disability — An employer with 15 or more employees declines a reasonable accommodation request. SCHAC examines whether the employer engaged in the required interactive process under the Americans with Disabilities Act (ADA) and analogous state provisions.
- Sexual harassment in the workplace — Both quid pro quo and hostile work environment claims fall within SCHAC jurisdiction. The agency applies standards consistent with EEOC Enforcement Guidance on Harassment (EEOC Guidance on Harassment, 2024).
- Rental housing refusal — A landlord declines to rent to a prospective tenant on grounds of race, national origin, familial status, or disability. SCHAC investigates under both the state Fair Housing Law and federal Fair Housing Act provisions.
- Discriminatory advertising — Housing listings or employment postings that indicate a preference based on a protected class trigger a complaint even without a direct transaction.
Decision boundaries
SCHAC's authority is bounded by statute and geography. Several categories fall outside the agency's scope or present jurisdictional limitations:
Covered vs. not covered — employment:
| Category | SCHAC Coverage |
|---|---|
| Employers with 15+ employees | Covered |
| Employers with fewer than 15 employees | Not covered by state employment discrimination law |
| Federal government employees | Not covered — EEOC direct jurisdiction applies |
| Independent contractors (non-employees) | Generally not covered |
| Age discrimination (40+) | Covered |
| Sexual orientation / gender identity | Subject to federal Bostock interpretation; state statute text does not enumerate expressly |
Charges must originate from conduct occurring within South Carolina. SCHAC does not exercise jurisdiction over discriminatory acts occurring exclusively in other states, even if the complainant is a South Carolina resident. Federal employees and federal agency actions are outside SCHAC jurisdiction; those complaints route directly to the EEOC or applicable federal agency Equal Employment Opportunity office.
The agency does not adjudicate wage theft, overtime violations, or occupational licensing disputes — those fall under the South Carolina Department of Employment and Workforce and related bodies.
SCHAC findings do not constitute court judgments. A Probable Cause determination enables further enforcement proceedings but does not independently award damages. Complainants seeking monetary relief beyond the administrative process must pursue civil litigation. The broader structure of South Carolina's executive enforcement agencies, including SCHAC's placement within the state government apparatus, is addressed on the South Carolina Government Authority index.
References
- South Carolina Human Affairs Law, S.C. Code Ann. § 1-13-10 et seq.
- South Carolina Fair Housing Law, S.C. Code Ann. § 31-21-10 et seq.
- South Carolina Human Affairs Commission — Official Agency Site
- U.S. Equal Employment Opportunity Commission — FEPA Program
- EEOC Enforcement Guidance on Harassment in the Workplace (2024)
- EEOC — Filing a Charge of Discrimination
- South Carolina Statehouse — Full Code of Laws