South Carolina’s Human Affairs law prohibits discrimination by an employer against an employee on the basis of the following characteristics:
- Race
- Color
- Religion
- Gender, including pregnancy status, childbirth, lactation, or related medical condition
- National origin
- Age, if a person is 40 or older
- Disability
Also illegal under South Carolina law is retaliation against a person because they complained about discrimination, filed a claim for discrimination, or participated in an employment discrimination investigation or lawsuit. This law is comparable to federal law.
The law also forbids allowing a work environment that is hostile to the employees in a workplace. A local attorney in South Carolina would be able to provide more information.
South Carolina has its own laws regarding hostile work environments, many of which mirror the federal laws and the laws of other states. Businesses that fail to comply with these employment laws may find themselves involved in lawsuits in which they have to pay large amounts in damages.
What Is a Hostile Work Environment?
Success with a hostile work environment lawsuit would require the employee to prove all of the following elements:
- Protected Groups or Adverse Employment Outcomes: The first element is that the harassing conduct is related to the employee’s membership in a protected class. The protected classes are based on gender, race, ethnicity, age, sexual orientation, religion, and national origin.
- If an employee experiences adverse treatment in connection with their employment because of discrimination, the employer is automatically liable for harassment. “Adverse treatment” means a negative employment outcome, such as firing, a lay-off, lack of promotion, or the denial of an advantageous job assignment;
- Harassment: The conduct about which an employee complains must be serious enough to qualify as harassment. Harassment can be either verbal or physical. It might be sexual harassment. It must be related to the employee’s membership in a protected class. Conduct that qualifies as harassment would be such conduct as another employee repeatedly making comments to the effect that an older employee’s age makes them unfit to do their job or otherwise creating a toxic work environment for an elderly employee;
- Pervasiveness: The harassment must be pervasive, meaning that it is spread throughout the employer organization. It may also mean that the conduct has persisted for a long period of time. A single incident is not pervasive. Rather, an offensive comment must be repeated many times over the course of weeks or months;
- Severity: The hostile behavior must be severe. It must be something more than occasional rudeness or tasteless joking. Instead, the behavior should be intimidating, offensive, or abusive. For example, if a co-worker is teasing or ridiculing an employee, it must be so frequent as to be unrelenting.
- A test the courts apply would be whether the conduct is severe enough to qualify as harassment and whether it has interfered with the employee’s ability to do their job. Courts apply the “reasonable person” test, which asks whether a reasonable person would characterize the behavior as abusive or intimidating and how a “reasonable person would probably react if subjected to the same circumstances;
- Knowledge or Intent: Finally, an employee must show that the employer knew, or should have known, about the harassing behavior. This may be easier to prove if the harasser is in a managerial or superior position. If the harasser is a co-worker, the employee making a claim must prove that the employer was aware of the harassment and also did nothing to prevent it.
All of these elements must be proven in South Carolina, as well as if a person’s hostile work environment claim is to succeed. A person would want to consult with an attorney to discuss their situation and whether it rises to the level of harassment as defined above.
Also, if at any time, harassment involves criminal conduct or it makes the victim fear for their safety or their life, they should call the police immediately to report it. Then a copy of the police report should be given to the employer. A person should also keep a copy in their records for future use.
What Is Considered a Hostile Work Environment in South Carolina?
The features of a hostile work environment under South Carolina law are much like the features under federal law. In South Carolina, harassing an employee because of any of the factors noted above is prohibited.
It is also illegal to harass someone because they have complained about discrimination, filed a discrimination claim, or took part in an employment discrimination investigation or lawsuit.
Harassment can take the form of offensive verbal or physical conduct. Sexual harassment including unwelcome sexual advances, requests for sexual favors, and other conduct of a sexual nature is also prohibited in the workplace by South Carolina law.
Neither federal nor South Carolina law bans simple teasing, offhand comments, or isolated incidents. To be illegal, harassment must be frequent, pervasive and severe. Also, if it leads to an adverse employment decision, such as a firing or demotion, under federal law, the employer is automatically liable for creating a hostile work environment.
The person who perpetrates the harassment may be the victim’s supervisor, a co-worker, or a client or customer of the victim. Harassment outside of the workplace might be illegal if it has a connection to the workplace. For example, a supervisor might harass an employee while driving them to an off-site location for a meeting. This could be illegal.
When Should I File My Claim for a Hostile Work Environment?
In South Carolina, a business can be liable for a supervisor’s harassment of an employee if the harassment has a negative effect on the employee. As noted above, the negative effect might take any number of different forms.
However, an employer may defend itself by proving that it made efforts, within reason, to prevent and immediately correct the harassment and that the harasser failed to take advantage of preventive or corrective opportunities provided by the employer.
If a person believes that they have been the victim of discrimination based on the characteristics noted above, they may submit a claim to the South Carolina Human Affairs Commission (HAC). A person has 180 days from the date when the discrimination happened to submit their claim. A person’s complaint would then be transmitted to the U. S. Equal Employment Opportunity Commission (EEOC) for processing.
The form for the complaint may be completed online, or it may be submitted by mail, fax, or personal delivery to the HAC’s office in Columbia, South Carolina.
When the complaint is received, it is reviewed to determine if the person has a basis for filing a discrimination complaint under South Carolina’s Human Affairs Law or Title VII of the U. S. Civil Rights Act, the federal Age Discrimination in Employment Act, or the Americans With Disabilities Act
If the EEOC determines that there is a basis for the complaint, a formal Charge of Discrimination is prepared for the victim to sign and return to the HAC office. The charge is assigned for mediation or investigation within the HAC office, or transferred to EEOC. Generally, it takes about 180 for the EEOC to process a complaint.
How Do I Prove a Hostile Work Environment?
Again, a person must have evidence to show that their workplace is toxic or hostile. As noted above, a person would want to record the incidents of harassment or discrimination as they happen. They would want to collect records of communications, e.g., phone messages, text messages, emails, and the like, that show evidence of the hostile conduct.
If a person wants to take legal action for their workplace distress, they must be able to prove their claims. A person must prove the following elements:
- They were harassed or discriminated against because of their gender, race, religion, age, or sexual orientation;
- The treatment was not welcome;
- The behavior went on consistently for a long period of time;
- The person reported the harassment or discrimination to their boss or HR, but the employer did not take action to stop it.
Again, a person would also want to prove that they reported the situation to their employer and the employer did not try to alleviate the situation.
In addition to the elements of their claim, a person would have to prove the facts that would entitle them to the remedy they seek, e.g., that they suffered economic loss.
An employer may avoid being found legally liable to their employee if it can prove the following:
- It made prompt and reasonable efforts to correct and prevent the harassment;
- The employee unreasonably did not take advantage of preventive or corrective opportunities that the employer offered.
What Types of Remedies Are Available for a Hostile Work Environment Claim?
The remedies that an employee can win for a hostile work environment claim may vary depending on the particular law that applies to their cases. Generally, however, remedies for South Carolina employees who are victims of hostile work environments are as follows:
- Injunctive relief, which would be an order requiring the employer to take some action to alleviate the situation and prevent future harassment;
- Compensatory damages to compensate the employee for their economic losses;
- Back pay;
- Reinstatement in one’s former position;
- Attorneys’ fees and court costs; and,
- In some cases, the facts justify it, such as punitive damages.
Federal law requires a victim to prove that the employer showed “malice” or “reckless indifference” to justify an award of punitive damages. .
Federal law places limits or caps on the value of punitive damages that an employee may recover. The federal limits on damages are different for different employers. Under federal law, the limits range from $50,000 for small employers to $300,000 for large employers.
Do I Need a South Carolina Lawyer for a Hostile Work Environment Lawsuit?
If you believe that you work in a hostile environment, you want to consult a South Carolina harassment lawyer. At LegalMatch.com, your lawyer will review the facts of your case, help protect your rights, and get you the remedy you deserve. Your attorney can guide you through the legal process from start to finish.
