South Carolina Pre-Employment Inquiries (Interviewing): What you need to know

The South Carolina Human Affairs Law prohibits employers from discriminating against job applicants on the basis of race, color, religion, sex, national origin, disability, or age (40 years or older), unless based on a bona fide occupational qualification (BFOQ) reasonably necessary to the normal operation of the business. The law covers employers with 15 or more employees (SC Code Sec. 1-13-10et seq.).
For a Limited Time receive a FREE HR Report on the "Critical HR Recordkeeping”.  This exclusive special report covers hiring records, employment relationships, termination records, litigation issues, electronic information issues, tips for better recordkeeping, and a list of legal requirements.  Download Now
BFOQ exception. An employer may make a preemployment inquiry about one of the characteristics listed above only if it is reasonably necessary to the normal operation of the employer's business. For example, being female would be a legitimate BFOQ for a person applying for a job as a model of women's clothing. Employers should use caution in relying on the BFOQ rationale.
Smoker's rights. South Carolina has a separate law protecting the rights of employees to smoke outside the workplace. The law prohibits employers from refusing to hire or promote, firing, demoting, or taking other employment action against employees for using tobacco products outside of the workplace (SC Code Sec. 41-1-85). Therefore, employers should not make preemployment job inquiries regarding an applicant's use of tobacco products.
Like the federal ADA, the South Carolina Human Affairs Law prohibits employers from questioning an applicant about the existence, nature, or severity of a disability. The employer may ask whether an applicant can perform specific job functions. Both the state law and the ADA prohibit all questions about disabilities until after a conditional offer of employment has been made. A list of acceptable and unacceptable questions is available.
Genetic information. The federal

>> Read more about Pre-Employment Inquiries (Interviewing)

More on this topic:

State Requirements

National | Alabama | Alaska | Arizona | Arkansas | California | Colorado | Connecticut | Delaware | District of Columbia | Florida | Georgia | Hawaii | Idaho | Illinois | Indiana | Iowa | Kansas | Kentucky | Louisiana | Maine | Maryland | Massachusetts | Michigan | Minnesota | Mississippi | Missouri | Montana | Nebraska | Nevada | New Hampshire | New Jersey | New Mexico | New York | North Carolina | North Dakota | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island | South Carolina | South Dakota | Tennessee | Texas | Utah | Vermont | Virginia | Washington | West Virginia | Wisconsin | Wyoming |

South Carolina Pre-Employment Inquiries (Interviewing) Resources

Pre-Employment Inquiries (Interviewing) Products

Free Special Reports
Get Your FREE HR Management Special Report. Download Any One Of These FREE Special Reports, Instantly!
Featured Special Report
Claim Your Free Copy of Critical HR Recordkeeping

Record retention is complex and time consuming. However, in addition to complying with various federal and state laws, keeping good, well-organized records can be very helpful in documenting and supporting an organization’s employment actions.
Download Now!

This special report will discuss how you can ensure your records are in good order, and establish a record-retention policy.

Topics covered:
1. Hiring Records
2. Employment Relationships
3. Termination Records
4. Litigation Issues
5. Electronic Information Issues
6. Tips for Better Recordkeeping
7. A List of Legal Requirements

Make sure you have the information you need to know to keep your records in order.