DISCRIMINATION – CIVIL RIGHTS
DISCRIMINATION – CIVIL RIGHTS LAW IN COLUMBIA, SC
Civil Rights laws include anti-employment discrimination statutes and regulations which encompass many discriminatory motives and protected classifications including:
Title VII
- Age, Sex, Race, Color, National Origin, Religion, Disability Discrimination.
- Family Medical Leave Act (FMLA)
- Sexual Harassment
- Retaliation
- Wrongful Discharge, Discipline, and Failure to Promote
- Employee Retirement Income Security Act (ERISA)
- Wage and Hour law violations under the Fair Labor Standards Act (FLSA) and South Carolina
- Equal Pay
South Carolina law also has Statutes and common law remedies which can apply to the Employment relationship such as:
- Payment of Wages Act
- State Human Affairs Commission
- Public (State) Employee’s rights under the South Carolina grievance process
- Severance Pay
- South Carolina Department of Labor and Licensing
- Energy Reorganization Act (Nuclear Whistleblowing)
- Defamation
- Civil Conspiracy
The discrimination laws generally cover discrimination on the basis of age, sex, race, color, national origin, religion, and covered disability.
The Age Discrimination in Employment Act of 1967 (“ADEA”) provides protection to individuals age forty (40) and older from discrimination in the work place. It applies to all employers with twenty (20) or more employees. Although the ADEA protects you from discrimination on the basis of age, it does not make unlawful discrimination on the basis of other traits that some people consider to be closely linked with age. For example, laying off employees on the basis of their high salaries does not necessarily (although disparate impact of policies may be actionable) constitute age discrimination just because it naturally affects older employees. The Statute does not require employers to allow older employees extra training or to bump younger employees just to keep an older employee on the payroll even if the older employee has been loyal and performed in an excellent manner. The Act simply was designed to prevent employers from using age as a basis for employment decisions, or from using other factors as a cover for what is actually age discrimination.
Title VII of the Civil Rights Act of 1964 applies to employers with fifteen or more employees and makes discrimination (including harassment) on the basis of sex, race, color, national origin, and religion unlawful with respect to all aspects of employment. “Harassment” based on these protected classes is covered under a separate topic. Sex discrimination also covers pregnancy.
All racial groups, and sexes are covered. “Reverse discrimination” is a term used to refer to discrimination against non-minorities or men. As stated, Title VII forbids discrimination on the basis of race, sex, national origin, color, or religion regardless of the group to which the person belongs. In other words, white persons are protected just as Hispanic, Asian or African American employees. Men are protected to the same extent as women.
Religious: South Carolina laws and the Federal law (Title VII) prohibit religious discrimination. Title VII establishes two separate requirements with respect to religion. Employers are prohibited from discriminating against employees because of their religious beliefs. Title VII also requires that employers make reasonable accommodations to the religious beliefs of its employees, unless such accommodations would pose an undue burden on the employer.
THE PROCESS:
An administrative process must be completed or exhausted prior to filing a lawsuit in court for most areas of employment discrimination. Race and National Origin discrimination also are covered under a post Civil-War law which does not require the administrative process. The process in South Carolina because we are a deferral state, can either be initiated with the State Human Affairs Commission (which will over-file with the EEOC at the same time) or with the EEOC. Generally, there is a 300-day time deadline for filing such claims for employees in the private sector. These requirements also apply to the Americans with Disabilities Act (ADA) and the ADEA. Equal Pay Act claims are not required to go to the EEO in and of themselves but are usually also tied to a Title VII claim or charge. Victims of race and national origin discrimination, as indicated above, also may seek relief under another federal law that has several advantages over suing under Title VII: Section 42 USC §1981.
HOW CAN WE HELP?
Charles (Chuck) Ormond and Ben Dunn together have over forty (40) years of experience in employment and labor issues and litigation. Both partners have experience representing both employees and employers and, this background, assists them in resolving employment cases justly on either side of the case. Once a case is evaluated, and if the facts create a case which can be filed in Court, you will have both attorneys working for you. The Firm does accept employment cases where the legal fees are on a contingency basis and will meet with you for a one half hour initial consult for $50.00 in order to determine if you have a valid employment case or give legal advice regarding an employment matter.
