South Carolina Application Forms laws & HR compliance analysis

South Carolina Application Forms: What you need to know

The South Carolina Human Affairs Law prohibits employment practices that discriminate on the basis of race, color, religion, sex, national origin, disability, or age, unless such practices are based on a bona fide occupational qualification that is reasonably necessary to the normal operation of the business. Employers should avoid making any inquiry on an application form relating to these characteristics. The Law covers employers with 15 or more employees (SC Code Sec. 1-13-10 et seq.). Additional information on prohibited preemployment inquiries and a list of impermissible inquiries and permissible alternatives is available.
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The South Carolina Genetic Information Privacy Act prohibits genetic testing without an individual's prior consent (SC Code Sec. 38-93-40).
Federal law compared. The federal Genetic Information Nondiscrimination Act (GINA) prohibits employers from discriminating against employees or applicants on the basis of genetic information about employees, applicants, or their family members. GINA applies to all public employers, private employers with 15 or more employees, employment agencies, and labor organizations. Detailed information is available.
Employers with operations in more than one state should periodically review their application forms to ensure compliance with state and local requirements. A California court ruling pointed out that disclaimers and statements about requirements or exceptions under state law should be worded appropriately and placed conspicuously in application forms (Starbucks Corp. v. Superior Court, 168 Cal. App. 4th 1436 (2008)). The employer in this case used the same application form nationwide. The form included ...

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