South Carolina ADA: What you need to know
The South Carolina Human Affairs Law prohibits employment practices that discriminate on the basis of disability (SC Code Sec. 1-13-10et seq.). The law covers private employers with 15 or more employees.
Association discrimination. It is unlawful for an employer to discriminate against a qualified individual because of the individual's known association or relationship with a person with a known disability (SC Code Sec. 1-13-80(D)). For example, an employer may not discriminate against an employee because the employee volunteers at an AIDS clinic, or against a job applicant who has a spouse or family member with a disability. Disability Defined
The definition of "disability" is the same under the Human Affairs Law and under the federal Americans with Disabilities Act (ADA). In addition, state law requires the definition to be interpreted in a manner consistent with federal regulations issued pursuant to the ADA, as amended (SC Code Sec. 1-13-30(N)). Under the law, a disability is:
- A physical or mental impairment that substantially limits one or more major life activities
- A record of having such an impairment
- Being regarded as having an impairment
Exception.The term "disability" does not include current illegal drug use.
"Regarded as" having a disability.Amendments to the ADA changed the law's definition of a regarded as disability. Under the amended ADA, a person is regarded as having an ADA disability if he or she is subjected to an adverse employment action (e.g., demotion or firing) because of an actual or perceived impairment. The impairment does not have to substantially limit a major life activity in order to meet the definition of a "regarded as" disability.
Because state law requires courts to interpret ...
>> Read more about ADA
More on this topic:
Medical Examinations and Inquiries
District of Columbia |
New Hampshire |
New Jersey |
New Mexico |
New York |
North Carolina |
North Dakota |
Rhode Island |
South Carolina |
South Dakota |
West Virginia |
South Carolina ADA Resources
HR Redi2Use Form: Military Leave of Absence
This is your answer to document employee leave requests. A proven, prewritten form that covers specific policy situation exactly when you need it.
Audio Click 'n Train: ADA - What Supervisors Need to Know
This movie-like version of the powerpoint presentation with audio makes it easy to deliver ADA training to supervisors. This ready-to-deliver meeting gives you effective toolbox training - no preparation required! Includes meeting outlines, customizable PowerPoint® slides, handouts, quiz, trainer's guide and more!"
HR.BLR.com - Online State and National HR Employment Law Answers
HR.BLR.com is your online answer source for state HR compliance issues. The easy-to-use Library gives you plain-English compliance answers on all key state and federal regulations. Hundreds of downloadable job descriptions, forms and tools make your job easier. Call 1 800 454-0404 for a free personal site tour. "
Safety.BLR.com - Making Safety Training and Compliance Easier
Safety training and compliance just got easier. You get easy access to hundreds of training solutions, easy-to-understand regulatory analysis, analysis of federal and state full-text regs, regulatory activity, news, and best practices. Safety.BLR.com - your online safety solution."
What to Do About Personnel Problems in [Your State]
Understand how to comply with all HR regulations in YOUR state with this practical resource. You get plain-English explanations of state laws on over 200 key personnel topics. Includes comparisons of your state HR laws vs. federal. No wonder our customers call this service "THE HR RED BOOK™". Subscription includes online companion site with links/news! Book available either in print or on CD!