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On November 14, 2022, the South Carolina Human Affairs Commission revised its employment anti-discrimination poster. The poster serves to inform employees and applicants of the protected classes of individuals covered by the South Carolina Human Affairs Law (codified at S.C. Code § 1-13-10, et seq.) regarding the types of employment actions prohibited by the law, how to report discrimination, and the commission’s role in enforcement. The South Carolina Human Affairs Law applies to employers with fifteen or more employees, regardless of the employees’ location. The new poster—which employers are required to display in “conspicuous places” on their premises—is available in English and Spanish. The poster and other informational resources about the commission are available on the commission’s website.
While the commission’s new poster contains most, if not all, of the information from its previous version, there are a few noticeable differences. The new poster is in a new, easy-to-read format with text in a larger font spread out over two pages, rather than one. The new poster also includes instructions on how to report unlawful discrimination via the use of a QR code that links straight to the commission’s website for access through mobile devices.
In addition to a posting requirement, under the South Carolina Pregnancy Accommodations Act (SCPAA), employers are also required to provide written notice to their South Carolina employees, at the time of hire, of “the right to be free from discrimination or retaliation for medical needs arising from pregnancy, childbirth, or related medical conditions.” Where a covered employer does not maintain a place of business in South Carolina or when employees work from home, the employer must still provide a compliant SCPAA notice in writing. That written notice can be accomplished by providing compliant language via an employee handbook, a standalone policy, or a copy of the commission’s new poster.
