South Carolina Fair Hiring Laws

Various laws are in effect that impact employment, including some that dictate the regulations around recruiting and hiring new employees. Review our detailed guide to fair hiring laws in South Carolina and how they differ from federal regulations.

What Are Fair Hiring Laws?

Fair hiring laws are regulations administered federally by the Equal Employment Opportunity Commission (EEOC) and Department of Labor (DOL). They apply across all states in the U.S., although some states have stricter laws in place. More than 180 laws cover workplace activities, protecting more than 165 million workers. Some of these related to the process of recruiting and hiring new employees.

What Are “Ban-the-Box” Laws?

Ban-the-box laws limit when an employer can ask about a candidate’s criminal history during the hiring process. The term refers to eliminating the box that must be checked on a traditional application when the individual has such a record.

South Carolina does not have a ban-the-box law in place statewide. However, state legislators have proposed bills aiming to prevent employers from asking about criminal convictions early in the hiring process.

Does South Carolina Have Fair Hiring Laws That Differ from Federal Fair Hiring Laws?

Most of South Carolina’s laws mirror the federal fair hiring standards.

Do South Carolina Hiring Laws Match or Differ from the Federal Equal Pay Act (EPA)?

South Carolina does not have its own equal pay laws, so the federal law applies.

Do South Carolina Hiring Laws Match or Differ from the Age Discrimination in Employment Act (ADEA)?

The South Carolina Human Affairs Law (SCHAL) mirrors the federal ADEA, restricting employers from discriminating against individuals ages 40 and over when making hiring decisions.

Do South Carolina Hiring Laws Match or Differ from the Americans with Disabilities Act (ADA)?

Since no state law is in effect, the ADA offers comprehensive civil rights protections to those with disabilities.

Do South Carolina Hiring Laws Match or Differ from the Genetic Information Nondiscrimination Act (GINA)?

South Carolina state law aligns with the federal GINA in regard to the use of genetic information in hiring.

Do South Carolina Hiring Laws Match or Differ from Title VII of the Civil Rights Act of 1964?

SCHRA offers similar protections to those found in Title VII of the Civil Rights Act of 1964, protecting against discrimination based on race, disability, color, national origin, religion, sex, or age.

Are There Different Fair Hiring Laws in Cities or Municipalities Across South Carolina?

Several cities and municipalities in South Carolina have enacted ban-the-box laws. These include the city of Columbia and Richland County.

With the right tools, ensuring fairness when recruiting and hiring doesn’t have to cause problems. Learn more about the applicant tracking capabilities built into WorkforceHub, like automation of data tracking and reporting for valuable insights. We can help your business maintain compliance with fair hiring regulations.