EEOC vs. SCHAC: How to File a Workplace Sexual Harassment Complaint in South Carolina

Enduring sexual harassment in the workplace can be an incredibly isolating and traumatic experience. If you are facing unwanted advances, inappropriate comments, or a hostile work environment in South Carolina, you have strong legal rights. However, before you can file a civil lawsuit against your employer, you are legally required to exhaust your administrative remedies. This means you must first file a formal complaint with a government agency. Navigating the overlapping jurisdictions of state and federal agencies can be confusing, but understanding the steps will empower you to protect your career and seek justice. We highly recommend browsing our directory of USA Lawyers to find a local South Carolina attorney who can guide you through this complex process.

Differences Between State and Federal Filing

In South Carolina, workplace sexual harassment claims are governed by both state and federal laws. On the federal level, 42 U.S.C. § 2000e protects employees, and complaints are handled by the Equal Employment Opportunity Commission (EEOC). On the state level, the S.C. Code Ann. § 1-13-10 provides similar protections, which are enforced by the South Carolina Human Affairs Commission (SCHAC).

Because South Carolina has a state agency that enforces anti-discrimination laws, SCHAC is recognized as a Fair Employment Practices Agency (FEPA). This creates a work-sharing agreement between SCHAC and the EEOC. Fortunately for victims, this means you do not have to undergo two separate investigations. When you file a complaint with SCHAC, you can request that it be 'dual-filed' with the EEOC, and vice versa. However, deadlines differ: to preserve state remedies under the South Carolina Human Affairs Law (S.C. Code Ann. § 1-13-90(a)), you must file within 180 days of the incident. Filing between 181 and 300 days preserves only your federal Title VII claims with the EEOC. While federal laws typically apply to employers with 15 or more employees, state laws mirror these requirements closely, ensuring comprehensive protection for workers in Columbia, Charleston, and Greenville.

Steps to Initiate a SCHAC Investigation

Filing a complaint requires careful preparation and adherence to strict procedures. If you work in South Carolina, here is the step-by-step process for initiating a sexual harassment investigation through the state agency.

Step 1: Gathering Evidence

Before submitting any forms, you must compile evidence to support your claim. This includes saving offensive emails, text messages, voicemails, and social media interactions. Keep a detailed personal journal of incidents, noting dates, times, locations, and any witnesses present. Crucially, you should also preserve copies of your company's employee handbook and any written complaints you submitted to your Human Resources department. Showing that you reported the harassment internally and that the employer failed to act is a powerful piece of evidence.

Step 2: Submitting the Initial Inquiry

The formal administrative process begins by submitting an initial inquiry form. You will need to complete the Form Initial Questionnaire, South Carolina, South Carolina Human Affairs Commission, Employment Discrimination Questionnaire. This document asks for basic details about your employer, the nature of the harassment, and the timeline of events. You can mail this form directly to the South Carolina Human Affairs Commission, Columbia. Submitting this questionnaire does not automatically mean a formal charge has been filed; rather, it prompts an intake officer to review your situation and schedule an interview.

Step 3: Formalizing the Charge

If the intake officer determines that your allegations fall under their jurisdiction, they will help you draft a formal Charge of Discrimination. You must review this document, sign it under penalty of perjury, and ensure the dual-filing box is checked so that the U.S. Equal Employment Opportunity Commission, Greenville (or the Charlotte office, which handles many SC claims) also registers the charge. Once formalized, the agency will notify your employer within 10 days that a charge has been filed against them.

Step 4: Mediation and Investigation

Before launching a full investigation, SCHAC often invites both parties to participate in a voluntary, confidential mediation program. Mediation allows you and your employer to negotiate a potential financial settlement without admitting fault. If mediation fails, or if either party declines, the agency assigns an investigator. The investigator will request documents from your employer, interview witnesses, and evaluate the facts. The investigation phase can take several months. Ultimately, the agency will issue a determination stating whether there is 'reasonable cause' to believe discrimination occurred.

Obtaining a Right to Sue Letter

You do not have to wait for the agency to finish a lengthy investigation to take your case to court. After 180 days have passed since you filed your formal charge, you have the right to request a 'Right to Sue' letter. This document officially closes your administrative case and grants you the legal authorization to file a civil lawsuit. Depending on your legal strategy, your attorney may file the lawsuit in a state court, such as the Richland County Court of Common Pleas, Columbia, or in a federal court, like the U.S. District Court for the District of South Carolina, Charleston.

How Much Does It Cost in South Carolina?

Filing an administrative complaint with SCHAC or the EEOC is completely free of charge. There are no filing fees to submit your initial questionnaire or formal charge. If your case advances to civil litigation, you will encounter court filing fees, which are approximately $150 in South Carolina state courts and $405 in federal courts. However, most sexual harassment attorneys work on a contingency fee basis. This means they will advance these court costs for you and take a percentage of your final settlement or jury award, so you pay nothing out of pocket to start your legal fight.

How Long Does the Process Take?

Because of heavy caseloads, the administrative process requires patience. From the day you submit your questionnaire, it may take 30 to 60 days just to complete the intake interview. If the case goes to mediation, it might resolve within 3 to 4 months. If a full investigation is required, it can easily take 6 to 10 months or more before SCHAC issues a final determination. State law requires filing with SCHAC within 180 days under S.C. Code Ann. § 1-13-90(a) to maintain state claims, though federal EEOC claims remain viable up to 300 days, making swift action critical.

Frequently Asked Questions (FAQ)