South Carolina Aliens and Immigration laws & HR compliance analysis

South Carolina Aliens and Immigration: What you need to know

The South Carolina Human Affairs Law prohibits discrimination in employment on the basis of national origin (SC Code Sec. 1-13-10 et seq.). Employment practices that affect immigrants who are legally eligible to work may constitute discrimination on the basis of national origin.
The Law applies to all public employers and private employers with 15 or more employees. The South Carolina Human Affairs Commission oversees the Human Affairs Law.
State law also prohibits wages or remuneration for labor services paid to an individual of $600 or more each year from being claimed as a deductible business expense for state income tax purposes unless the individual is an authorized employee.
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The South Carolina Human Affairs Commission enforces the South Carolina Human Affairs Law. The Commission has the authority to receive, investigate, and settle discrimination complaints, and bring lawsuits in state court on behalf of alleged victims of discrimination. In some circumstances, persons injured by violations of the Human Affairs Law may sue privately in state court to enforce their rights.
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The Immigration Reform and Control Act of 1986 (IRCA) requires employers to verify the legal status and right to work of all new hires. To satisfy verification requirements, employers should ask all new hires for documents establishing both identity and work authorization.
Please see the Immigration topical analysis for additional discussion.
All South Carolina employers must register and participate in the E-Verify federal work authorization program to verify the work authorization of every new employee within ...

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