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.
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.