The South Carolina Human Affairs Law prohibits all public employers and private employers of 15 or more persons from discriminating in employment because of sex, including pregnancy, childbirth, or related medical conditions and against women affected by pregnancy, childbirth, or related medical conditions. Sexual harassment is considered a form of sex discrimination (SC Code Sec. 1-13-10 et seq.).
Third-party harassment. The 4th Circuit Court of Appeals has held that an employer may be liable for harassment of its employee by a client's employees (EEOC v. Cromer Food Services, Inc., 414 F. Appx. 602 (4th Cir. 2011)). The employee in this case was a route driver who stocked vending machines located on clients' premises. The employee alleged that he was routinely harassed by two employees at a client location. The employee reported the harassment to two supervisors, but his employer argued that its policy required employees to report harassment to the company president, which the employee failed to do. However, the court ruled that an employer may be liable for the activities of nonemployees in a sexual harassment claim if it knew or should have known about the harassment and failed to take corrective action. The negligence standard adopted by the court is the standard applied in other federal circuits and in Equal Employment Opportunity Commission (EEOC) regulations.
Retaliation. State law also prohibits employers from retaliating against an applicant or employee because the individual has opposed an unlawful discriminatory practice, or made a charge, testified, assisted, or participated in an investigation, proceeding, or hearing under the law.
The 4th Circuit Court of Appeals ruled that a former ...