How to File an Employment Complaint
Potential clients are welcomed to contact the South Carolina Human Affairs Commission, as they deem necessary. Visitors are received by appointment or as a walk-in.
- When do I file a complaint?
If you feel that you have been discriminated against based on race, color, religion, age (40 and above), sex, national origin, or disability; if you feel you are being sexually harassed on your job; if you feel your employer is treating you unfairly because of your pregnancy, then you should file a claim.
- Is there a time limit?
Yes. You have up to 180 days from the date the discriminatory act took place to file with the South Carolina Human Affairs Commission. In addition, you may still file if more that 180 days have passed, but less than 300 days. Your complaint would then be transferred to the U. S. Equal Employment Opportunity Commission (EEOC) for processing.
- How do I file a claim?
The first thing you should do is call, write, or come into the office and talk with one of the Intake Investigators. He/she will be able to explain what we do and help to determine if you have a basis for filing a complaint. He/she will give you an Employment Initial Intake Questionnaire to complete and return.
- What happens next?
Once the Intake Department receives your written complaint, it will be reviewed to determine if you have a basis for filing a discrimination complaint under the SC Human Affairs Law, as amended, Title VII of the U. S. Civil Rights Act of 1964, as amended, Age Discrimination in Employment Act of 1967 , as amended, or the Americans With Disabilities Act of 1990, as amended.
If a basis exists, a formal Charge of Discrimination will be prepared for you to have signed, notarized, and returned to this office. Upon receipt of your complaint, it will be assigned a charge number, dual filed with EEOC, and served on the party you are filing against. Your charge will be assigned either for mediation, investigation, or transferred to EEOC.
- How long does this process take?
That really depends on the complexity of the complaint, the availability and cooperation of the parties, and the caseload of the investigator. The average processing time ranges from 90 to 180 days (3 to 6 months).