🇺🇸 South Carolina EMPLOYMENT LAW — 2026 UPDATE

South Carolina Return to Office Mandate 2026

⚠️Informational only — not legal or tax advice.

Last Updated: December 2025
Applicable Period: 2026 and current employment regulations
Key Characteristic: State employee Executive Order 2025-31 and private sector employer considerations under at-will employment framework in South Carolina

RTO Mandate South Carolina 2026

Table of Contents

Click any item below to jump to the relevant section

Introduction

South Carolina’s return to office mandate refers to Executive Order 2025-31 issued by Governor Henry McMaster on September 12, 2025, which establishes updated telecommuting and remote work policies for state government employees. This order applies exclusively to state agencies, departments, institutions, boards, commissions, and authorities under the executive branch. Private sector employers in South Carolina are not subject to this executive order and operate under the state’s at-will employment framework.

This guide compiles official information published by the South Carolina Department of Administration Division of State Human Resources, the South Carolina Human Affairs Commission, federal agencies, and other government entities regarding South Carolina’s return to office mandate, employee rights, and accommodation processes.

Sources: South Carolina Office of the Governor, South Carolina Department of Administration, South Carolina Human Affairs Commission, U.S. Equal Employment Opportunity Commission

1.1 At-Will Employment Doctrine

South Carolina follows the employment-at-will doctrine for private sector employment relationships. According to the South Carolina Department of Labor, Licensing and Regulation:

“Employment-at-will simply means that the employer may terminate the employment or the employee may leave the employment at any time for any reason (or for no reason).”

Source: South Carolina Department of Labor, Licensing and Regulation – Employment at Will Publication
Official text available at: https://www.llr.sc.gov/mediation/pdf/Employment%20at%20Will.pdf
Last accessed: December 2025

According to the South Carolina Department of Labor, Licensing and Regulation, at-will employment relationships may be terminated by either party without incurring liability, subject to specific statutory exceptions.

1.2 Exceptions to At-Will Employment

According to South Carolina case law and statutes, the at-will employment doctrine has several exceptions:

According to the South Carolina Department of Labor, Licensing and Regulation, there are laws that protect employees from termination, demotion, or other discrimination in certain circumstances:

Statutory Protections:

  • Anti-discrimination laws (race, color, religion, sex, age, national origin, disability)
  • Anti-retaliation protections for exercising legal rights
  • Workers’ compensation retaliation prohibitions
  • Protection for employees engaging in certain legally protected activities

Contractual Exceptions:

  • Written employment contracts specifying terms
  • Collective bargaining agreements
  • Employee handbook provisions (in certain circumstances)

Source: South Carolina Department of Labor, Licensing and Regulation – Employment at Will Publication
Available at: https://www.llr.sc.gov/mediation/pdf/Employment%20at%20Will.pdf

1.3 State-Specific RTO Legislation/Orders

Executive Order 2025-31 – State Employees Only

Document: Executive Order 2025-31
Issued by: Governor Henry McMaster
Date: September 12, 2025
Available at: https://governor.sc.gov/sites/governor/files/Documents/Executive-Orders/2025-09-11%20FILED%20Executive%20Order%20No.%202025-31%20-%20Adoption%20of%20Updated%20Telecommuting%20%26%20Remote%20Work%20Policies%20%26%20Procedures.pdf

Key Provisions:

Applicability:

  • Applies to all state agencies, departments, institutions, boards, commissions, and authorities under South Carolina state government
  • Does NOT apply to private sector employers
  • Does NOT apply to federal employees
  • Does NOT apply to local government employees (unless adopted by local jurisdiction)

Telecommuting Requirements for State Employees:

  1. Agency Plan Required: State agencies must have a telecommuting policy and plan approved by the Division of State Human Resources before allowing any employee to telecommute
  2. Management Restrictions: Agency Directors and Executive Staff (Deputy Directors, Division Directors, managers/supervisors reporting directly to Agency Director) are prohibited from telecommuting
  3. Employee Eligibility:
    • Must complete one year of satisfactory employment before approval
    • Cannot have recent unsatisfactory performance review
    • Cannot have recent disciplinary action
  4. Two-Day Maximum: Telecommuting limited to maximum of two days per week
  5. Consecutive Day Prohibitions: Telecommuting prohibited on:
    • Monday and Tuesday (consecutive)
    • Thursday and Friday (consecutive)
    • Friday followed by next Monday
  6. Revocation Authority:
    • Agencies may revoke telecommuting at any time
    • Division of State HR may revoke for non-compliance
    • Revocation not subject to Employee Grievance Procedure Act

Statutory Authority:

South Carolina Code of Laws Section 8-11-15(B) provides:

“State agencies may use alternate work locations, including telecommuting, that result in greater efficiency and cost savings.”

Source: South Carolina Code of Laws Section 8-11-15(B)
Available at: https://www.scstatehouse.gov/code/title08.php

South Carolina Code of Laws Section 8-11-210 authorizes the Division of State Human Resources to administer a “comprehensive system of personnel administration” applicable to all state agencies.

Source: South Carolina Code of Laws Section 8-11-210
Available at: https://www.scstatehouse.gov/code/title08.php

Historical Context – Executive Order 2021-12

Governor McMaster previously issued Executive Order 2021-12 on March 5, 2021, directing state agencies to “immediately expedite the transition back to normal operations” following the COVID-19 pandemic.

Source: Executive Order 2021-12, Governor Henry McMaster
Date: March 5, 2021
Available at: https://governor.sc.gov/news/2021-03/gov-henry-mcmaster-modifies-emergency-orders-ensuring-continuity-essential-government

No Private Sector RTO Mandate

Important: As of December 30, 2025, the South Carolina Legislature has not enacted specific statutes or executive orders governing return to office mandates for private sector employers.

Search conducted: South Carolina Legislature website
Date: December 2025
Available at: https://www.scstatehouse.gov/

Private sector employers in South Carolina operate under at-will employment framework subject to:

  • Anti-discrimination laws (state and federal)
  • Disability accommodation requirements (state and federal)
  • Contract obligations
  • Collective bargaining agreements
  • Retaliation prohibitions

Competent Government Agencies

2.1 South Carolina Department of Administration – Division of State Human Resources

Function: Administers personnel policies for state government employees, including telecommuting policies pursuant to Executive Order 2025-31

Official website: https://admin.sc.gov/
State Human Resources: https://admin.sc.gov/services/state-human-resources
Telephone: (803) 734-8120
Physical address:
South Carolina Department of Administration
1200 Senate Street, Suite 460
Columbia, SC 29201

Telecommuting Information: https://admin.sc.gov/services/state-human-resources/telecommuting

Publications on State Employee RTO:

  • South Carolina State Government Telecommuting and Remote Work Policies and Procedures
  • Telecommuting Toolkit
  • State Human Resources Regulations

Note: This agency governs state employees only. Private sector employers should consult the South Carolina Human Affairs Commission and EEOC for employment discrimination matters.

2.2 South Carolina Human Affairs Commission

Official Name: South Carolina Human Affairs Commission (SCHAC)

Function: Enforces South Carolina Human Affairs Law prohibiting employment discrimination; investigates and resolves discrimination complaints

Official website: https://schac.sc.gov/
Telephone: (803) 737-7800
Toll-free: 1-800-521-0725
TTY: (803) 253-4125
Fax: (803) 253-4191
Email: information@schac.state.sc.us

Physical address:
South Carolina Human Affairs Commission
1026 Sumter Street, Suite 101
Columbia, SC 29201

Online Filing Portal: Available through website

Protected Classes Under SC Human Affairs Law:

  • Race
  • Color
  • Religion
  • Sex (including pregnancy, childbirth, lactation, and related medical conditions)
  • National origin
  • Age (40 and older)
  • Disability

Filing Deadline: Generally 180 days from discriminatory act (300 days if dual-filed with EEOC)

Available Resources:

  • Employment Discrimination Complaint Filing Information
  • Prohibited Practices and Discrimination Types
  • Charge Handling Process Documentation

Source: https://schac.sc.gov/employment-discrimination

2.3 South Carolina Department of Labor, Licensing and Regulation

Function: Provides general information on employment laws; does not enforce discrimination laws

Official website: https://llr.sc.gov/
Telephone: (803) 896-4470 (Wages and Child Labor)
Physical address:
110 Centerview Drive
Columbia, SC 29210

Publications:

  • Employment at Will Information
  • Wage and Hour FAQs
  • Required Workplace Postings

Note: For discrimination complaints, contact South Carolina Human Affairs Commission or EEOC. For wage/hour issues, contact U.S. Department of Labor.

2.4 U.S. Equal Employment Opportunity Commission (EEOC)

South Carolina is served by two EEOC offices:

Greenville Local Office

Jurisdiction: Covers most of South Carolina (northern and central counties)

Physical address:
301 North Main Street, Suite 1402
Greenville, SC 29601

Telephone: 1-800-669-4000
TTY: 1-800-669-6820
ASL Video Phone: 1-844-234-5122

Office Hours: Monday, Tuesday, Thursday 8:30 AM – 3:00 PM (walk-ins)

Website: https://www.eeoc.gov/field-office/greenville

Online Portal: https://publicportal.eeoc.gov/

Savannah Local Office (EEOC Atlanta District)

Jurisdiction: Covers southern South Carolina counties including Allendale, Bamberg, Barnwell, Beaufort, Berkeley, Charleston, Colleton, Dorchester, Georgetown, Hampton, Jasper, and Williamsburg

Physical address:
7391 Hodgson Memorial Drive, Suite 200
Savannah, GA 31406

Telephone: 1-800-669-4000
TTY: 1-800-669-6820

Website: https://www.eeoc.gov/field-office/atlanta/area

Federal Filing Deadline: 180 days from discriminatory act (or 300 days in states with Fair Employment Practice Agency agreements)

Dual-Filing: South Carolina Human Affairs Commission has work-sharing agreement with EEOC, allowing charges to be filed with either agency

2.5 U.S. Department of Labor – Wage and Hour Division

Function: Enforces federal wage, hour, and workplace laws including FMLA

Charleston District Office:
5900 Core Avenue, Suite 200
North Charleston, SC 29406

Telephone: (843) 747-4321

Toll-free: 1-866-4-USWAGE (1-866-487-9243)

Website: https://www.dol.gov/agencies/whd

Applicable Statutes - Compilation

3.1 State Anti-Discrimination Laws

South Carolina Human Affairs Law

Reference: South Carolina Code of Laws Title 1, Chapter 13
Enacted: 1972
Last Amended: 2018 (pregnancy accommodation provisions)
Full Text: https://www.scstatehouse.gov/code/t01c013.php
Enforcement Agency: South Carolina Human Affairs Commission

Key Provisions from Section 1-13-20 (Declaration of Policy):

“The General Assembly declares the practice of discrimination against an individual because of race, religion, color, sex, age, national origin, or disability as a matter of state concern and declares that this discrimination is unlawful and in conflict with the ideals of South Carolina and the nation, as this discrimination interferes with opportunities of the individual to receive employment and to develop according to the individual’s own ability and is degrading to human dignity.”

Source: S.C. Code Section 1-13-20
Available at: https://www.scstatehouse.gov/code/t01c013.php

Protected Classes:

  • Race
  • Religion
  • Color
  • Sex (including pregnancy, childbirth, lactation, related medical conditions)
  • Age (40 and older)
  • National origin
  • Disability
  • Familial status (housing)

Employer Coverage: Employers with 15 or more employees (age discrimination: 20 or more)

Prohibited Practices (Section 1-13-80):

  • Discriminatory hiring, firing, compensation, terms and conditions
  • Harassment based on protected characteristics
  • Retaliation for filing complaints or participating in investigations
  • Denial of reasonable accommodation for disability or pregnancy

3.2 Federal Anti-Discrimination Laws Applicable in South Carolina

Title VII of the Civil Rights Act of 1964

Reference: 42 U.S.C. § 2000e et seq.
Protected Classes: Race, color, religion, sex, national origin
Employer Coverage: 15 or more employees
Enforcement: EEOC
Full Text: https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964

Americans with Disabilities Act (ADA)

Reference: 42 U.S.C. § 12101 et seq.
Protected Class: Disability
Employer Coverage: 15 or more employees
Enforcement: EEOC
Full Text: https://www.ada.gov/

Age Discrimination in Employment Act (ADEA)

Reference: 29 U.S.C. § 621 et seq.
Protected Class: Age 40 and older
Employer Coverage: 20 or more employees
Enforcement: EEOC
Full Text: https://www.eeoc.gov/statutes/age-discrimination-employment-act-1967

Genetic Information Nondiscrimination Act (GINA)

Reference: 42 U.S.C. § 2000ff et seq.
Protected Class: Genetic information
Employer Coverage: 15 or more employees
Enforcement: EEOC

Pregnancy Discrimination Act

Reference: 42 U.S.C. § 2000e(k)
Protected Class: Pregnancy, childbirth, related conditions
Employer Coverage: 15 or more employees
Enforcement: EEOC

3.3 Comparison Table – State vs. Federal Protections

Anti-Discrimination Coverage:

Protected Class: Race

  • SC Human Affairs Law: 15+ employees
  • Federal Title VII: 15+ employees
  • Official Source: S.C. Code § 1-13-80; 42 U.S.C. § 2000e

Protected Class: Sex/Gender

  • SC Human Affairs Law: 15+ employees
  • Federal Title VII: 15+ employees
  • Official Source: S.C. Code § 1-13-80; 42 U.S.C. § 2000e

Protected Class: Pregnancy/Lactation

  • SC Human Affairs Law: 15+ employees (enhanced protections for reasonable accommodation)
  • Federal PDA: 15+ employees
  • Official Source: S.C. Code § 1-13-30(T); 42 U.S.C. § 2000e(k)

Protected Class: Disability

  • SC Human Affairs Law: 15+ employees
  • Federal ADA: 15+ employees
  • Official Source: S.C. Code § 1-13-80; 42 U.S.C. § 12101

Protected Class: Age (40+)

  • SC Human Affairs Law: 20+ employees
  • Federal ADEA: 20+ employees
  • Official Source: S.C. Code § 1-13-80; 29 U.S.C. § 621

Protected Class: Religion

  • SC Human Affairs Law: 15+ employees
  • Federal Title VII: 15+ employees
  • Official Source: S.C. Code § 1-13-80; 42 U.S.C. § 2000e

Protected Class: National Origin

  • SC Human Affairs Law: 15+ employees
  • Federal Title VII: 15+ employees
  • Official Source: S.C. Code § 1-13-80; 42 U.S.C. § 2000e

Protected Class: Genetic Information

  • SC Human Affairs Law: Not specifically covered
  • Federal GINA: 15+ employees
  • Official Source: 42 U.S.C. § 2000ff

3.4 South Carolina Pregnancy Accommodation Law

South Carolina enacted enhanced pregnancy accommodation requirements in 2018.

Section 1-13-30(T) provides:

“Reasonable accommodation includes, but is not limited to, more frequent or longer bathroom breaks, breaks to express breast milk, access to a private location other than a bathroom for the expression of breast milk, acquisition or modification of equipment or access to or modification of employee seating, a temporary transfer to a less strenuous or hazardous position, assistance with manual labor, job restructuring, a modified work schedule, light duty assignments, and leave to recover from childbirth.”

Source: S.C. Code Section 1-13-30(T)
Enacted: 2018
Available at: https://www.scstatehouse.gov/code/t01c013.php

Pregnancy Accommodation Enforcement:

According to Section 1-13-80(A)(4)(a):

“To deny an employee a reasonable accommodation when a medical need arises from pregnancy, childbirth or a related medical condition shall be an unfair discriminatory practice within the meaning of Section 1-13-80(A)(4)(a) of the South Carolina Human Affairs Law, unless the employer can demonstrate that the accommodation would pose an undue hardship on the operation of the business.”

Source: S.C. Code Section 1-13-80(A)(4)(a)

Reasonable Accommodations - Official Framework

4.1 Americans with Disabilities Act (ADA) Requirements

The ADA requires employers with 15 or more employees to provide reasonable accommodations to qualified individuals with disabilities unless doing so would cause undue hardship.

Definition of Disability (42 U.S.C. § 12102):

A person has a disability if they have:

  • A physical or mental impairment that substantially limits one or more major life activities
  • A record of such impairment
  • Being regarded as having such impairment

Source: Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.
Available at: https://www.ada.gov/

Reasonable Accommodation Definition:

According to the EEOC, reasonable accommodation includes:

  • Modifications or adjustments to a job application process
  • Modifications or adjustments to the work environment
  • Modifications or adjustments that enable an employee with a disability to enjoy equal benefits and privileges of employment

Source: EEOC – Reasonable Accommodation and Undue Hardship
Available at: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada

4.2 South Carolina Human Affairs Law – Disability Accommodation

The South Carolina Human Affairs Law requires reasonable accommodation for disabilities, consistent with federal ADA requirements.

Section 1-13-80 provides:

“The law requires that an employer provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense for the employer.”

Source: South Carolina Human Affairs Commission – Employment Discrimination
Available at: https://schac.sc.gov/employment-discrimination/prohibited-practices-discrimination-types

Examples of Reasonable Accommodation (from SCHAC):

  • Making existing facilities accessible
  • Job restructuring
  • Part-time or modified work schedules
  • Reassignment to a vacant position
  • Acquisition or modification of equipment or devices
  • Adjusting or modifying examinations, training materials, or policies
  • Providing qualified readers or interpreters
  • Telework/remote work arrangements

Source: South Carolina Human Affairs Commission
Available at: https://schac.sc.gov/

4.3 Remote Work as Reasonable Accommodation

Federal Guidance:

The EEOC has published guidance stating that telework or remote work may be a reasonable accommodation under the ADA when:

  1. The essential functions of the position can be performed remotely
  2. Remote work would not impose undue hardship on the employer
  3. The employee’s disability necessitates the accommodation

Source: EEOC Pandemic Preparedness and the ADA
Available at: https://www.eeoc.gov/laws/guidance/pandemic-preparedness-workplace-and-americans-disabilities-act

Important Considerations:

According to EEOC guidance, employers should engage in an interactive process to determine:

  • Which job functions are essential
  • Whether remote work arrangement would be effective
  • Whether undue hardship exists
  • Whether alternative accommodations are available

Source: EEOC Enforcement Guidance on Reasonable Accommodation
Available at: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada

4.4 Interactive Process Requirements

Federal Framework:

The ADA does not prescribe a specific format for the interactive process, but the EEOC recommends:

Step 1: Recognition of Accommodation Request

  • Employee informs employer of need for adjustment due to medical condition
  • Request need not mention “ADA” or “reasonable accommodation”
  • Employer should recognize request and initiate interactive process

Step 2: Information Gathering

  • Employer may request medical documentation
  • Employer should discuss employee’s limitations and needs
  • Identify essential job functions

Step 3: Explore Accommodation Options

  • Consider employee’s suggestions
  • Consult with employee about effectiveness
  • Consider alternative accommodations
  • Assess feasibility and undue hardship

Step 4: Select and Implement Accommodation

  • Choose effective accommodation
  • Implement accommodation in timely manner
  • Monitor effectiveness
  • Make adjustments as needed

Source: EEOC Enforcement Guidance
Available at: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada

4.5 Pregnancy Accommodation Requirements – South Carolina

South Carolina provides specific accommodation requirements for pregnancy, childbirth, and related medical conditions.

Section 1-13-30(T) – Examples of Reasonable Accommodations:

According to South Carolina law, reasonable accommodation for pregnancy includes but is not limited to:

  • More frequent or longer bathroom breaks
  • Breaks to express breast milk
  • Access to a private location (not a bathroom) for breast milk expression
  • Acquisition or modification of equipment
  • Access to or modification of employee seating
  • Temporary transfer to less strenuous or hazardous position
  • Assistance with manual labor
  • Job restructuring
  • Modified work schedule
  • Light duty assignments
  • Leave to recover from childbirth

Source: S.C. Code Section 1-13-30(T)
Enacted: 2018
Available at: https://www.scstatehouse.gov/code/t01c013.php

Undue Hardship Standard:

An employer may deny accommodation only if it can demonstrate the accommodation would pose undue hardship on business operations.

Source: S.C. Code Section 1-13-80(A)(4)(a)

Retaliation Prohibition:

Section 1-13-80(A)(4)(e) prohibits employers from taking adverse action against employees for requesting or using reasonable accommodations for pregnancy.

Source: S.C. Code Section 1-13-80(A)(4)(e)
Available at: https://www.scstatehouse.gov/code/t01c013.php

4.6 Religious Accommodation

Both federal law and South Carolina Human Affairs Law require reasonable accommodation for sincerely held religious beliefs.

Title VII Requirements:

Employers must reasonably accommodate employees’ sincerely held religious beliefs unless doing so would impose undue hardship (more than minimal cost or burden).

Source: EEOC – Religious Discrimination
Available at: https://www.eeoc.gov/religious-discrimination

Examples from EEOC:

  • Flexible scheduling
  • Voluntary shift substitutions or swaps
  • Job reassignments
  • Modifications to workplace policies or practices

South Carolina Law:

The South Carolina Human Affairs Law similarly prohibits religious discrimination and requires reasonable accommodation.

Source: S.C. Code Section 1-13-80
Available at: https://www.scstatehouse.gov/code/t01c013.php

4.7 Medical Documentation Requirements

What Employers May Request:

According to EEOC guidance, when an accommodation request relates to a disability:

Permitted Requests:

  • Documentation that employee has ADA disability
  • Description of employee’s functional limitations
  • How accommodation would help employee perform job
  • Medical professional’s assessment of accommodation need

Prohibited Requests:

  • Complete medical records
  • Diagnosis or detailed medical information unrelated to accommodation
  • Information about conditions unrelated to need for accommodation

Source: EEOC – Reasonable Accommodation – Medical Documentation
Available at: https://www.eeoc.gov/laws/guidance/enforcement-guidance-disability-related-inquiries-and-medical-examinations-employees

South Carolina Human Affairs Commission Position:

The SCHAC follows federal EEOC guidance on medical documentation requirements.

Source: South Carolina Human Affairs Commission
Contact: (803) 737-7800 for specific guidance

Official Complaint Process

5.1 South Carolina Human Affairs Commission Process

Filing Deadline: 180 days from discriminatory act (or 300 days if dual-filed with EEOC)

Source: S.C. Code Section 1-13-90
Available at: https://www.scstatehouse.gov/code/t01c013.php

How to File a Charge of Discrimination

Online Filing: Website: https://schac.sc.gov/filing-complaint
Process: Complete online intake form and submit electronically

By Phone: Telephone: (803) 737-7800
Toll-free: 1-800-521-0725
TTY: (803) 253-4125
Process: Request charge form by phone; complete and return

By Mail: Address:
South Carolina Human Affairs Commission
1026 Sumter Street, Suite 101
Columbia, SC 29201
Process: Request form, complete, and mail with supporting documents

In Person: Same address as above
Hours: Monday-Friday, business hours
Process: Schedule appointment or walk-in; staff assists with form completion

Source: https://schac.sc.gov/employment-discrimination/how-file-employment-complaints

Official SCHAC Investigation Process

According to South Carolina Human Affairs Commission regulations:

Step 1: Charge Intake and Filing

  • Complainant files charge alleging unlawful employment practice
  • SCHAC reviews for timeliness and jurisdiction
  • Charge assigned to investigator

Step 2: Notice to Employer

  • Employer receives notice of charge
  • Employer must submit position statement within specified timeframe
  • Employer must preserve relevant employment records

Source: S.C. Code of Regulations Chapter 65, Section 65-23

Step 3: Investigation

  • SCHAC investigator gathers evidence
  • Interviews witnesses
  • Reviews documents
  • Site visits if necessary

Timeline: Investigation typically takes several months depending on complexity

Step 4: Determination

  • Cause Finding: Evidence supports discrimination occurred
  • No Cause Finding: Insufficient evidence of discrimination

Source: S.C. Code of Regulations Chapter 65

Step 5: Resolution Attempts

  • If Cause: SCHAC attempts conciliation between parties
  • If No Cause: Complainant receives Notice of Right to Sue

Step 6: Right to Sue

  • Complainant may request Right to Sue letter after 180 days
  • Right to Sue allows complainant to file lawsuit in court
  • Lawsuit must be filed within certain timeframe after receiving notice

Source: S.C. Code Section 1-13-90
Available at: https://www.scstatehouse.gov/code/t01c013.php

Contact Information – SCHAC

South Carolina Human Affairs Commission

Mailing Address:
1026 Sumter Street, Suite 101
Columbia, SC 29201

Telephone: (803) 737-7800
Toll-free: 1-800-521-0725
TTY: (803) 253-4125
Fax: (803) 253-4191
Email: information@schac.state.sc.us

Website: https://schac.sc.gov/

Online Resources:

Hours: Monday-Friday, regular business hours

5.2 U.S. Equal Employment Opportunity Commission (EEOC) Process

Filing Deadline: 180 days from discriminatory act (or 300 days in states with FEPA agreements)

Important: South Carolina has a Fair Employment Practice Agency (FEPA) agreement with EEOC. Charges can be dual-filed with both SCHAC and EEOC.

Source: EEOC – Charlotte District Office State Programs
Available at: https://www.eeoc.gov/field-office/charlotte/fepa

How to File EEOC Charge – South Carolina Residents

EEOC Online Portal (Recommended): Website: https://publicportal.eeoc.gov/
Process: Create account, complete online intake questionnaire, schedule interview

By Phone: National Number: 1-800-669-4000
TTY: 1-800-669-6820
ASL Video Phone: 1-844-234-5122
Process: Call to schedule intake interview

In Person – Greenville Local Office: Address: 301 North Main Street, Suite 1402, Greenville, SC 29601
Walk-in Hours: Monday, Tuesday, Thursday 8:30 AM – 3:00 PM
Note: Scheduling appointment strongly recommended
Website: https://www.eeoc.gov/field-office/greenville

In Person – Savannah Local Office (Southern SC Counties): Address: 7391 Hodgson Memorial Drive, Suite 200, Savannah, GA 31406
Serves: Allendale, Bamberg, Barnwell, Beaufort, Berkeley, Charleston, Colleton, Dorchester, Georgetown, Hampton, Jasper, Williamsburg counties
Website: https://www.eeoc.gov/field-office/atlanta/area

Source: EEOC Field Office Directory
Available at: https://www.eeoc.gov/field-office

EEOC Investigation Process

Step 1: Intake and Charge Filing

  • Individual contacts EEOC to discuss potential discrimination
  • EEOC conducts intake interview
  • If charge warranted, individual files formal charge
  • Charge automatically referred to SCHAC under work-sharing agreement

Step 2: Employer Notification

  • Employer receives notice within 10 days of charge filing
  • Employer may submit position statement
  • Employer must preserve relevant records

Step 3: Investigation

  • EEOC investigates allegations
  • May request documents from both parties
  • May conduct interviews
  • May conduct on-site investigations

Step 4: Determination

  • Cause Determination: Evidence supports finding of discrimination
  • No Cause Determination: Insufficient evidence
  • Administrative Closure: EEOC unable to complete investigation

Step 5: Conciliation (if Cause Found)

  • EEOC attempts settlement between parties
  • If successful, case resolved
  • If unsuccessful, EEOC may litigate or issue Right to Sue

Step 6: Right to Sue Notice

  • Individual may request after 180 days
  • EEOC issues automatically if no cause or after conciliation fails
  • Individual has 90 days to file lawsuit after receiving notice

Source: EEOC Charge Filing Process
Available at: https://www.eeoc.gov/filing-charge-discrimination

Timeline: EEOC investigation typically 6-12 months, varies by case complexity

EEOC Contact Information – South Carolina Offices

Greenville Local Office

Address:
301 North Main Street, Suite 1402
Greenville, SC 29601

Telephone: 1-800-669-4000
TTY: 1-800-669-6820
ASL Video Phone: 1-844-234-5122

Walk-in Hours: Monday, Tuesday, Thursday 8:30 AM – 3:00 PM (arrive 2 hours before closing)

Website: https://www.eeoc.gov/field-office/greenville
Online Portal: https://publicportal.eeoc.gov/

Jurisdiction: Most South Carolina counties

Savannah Local Office (EEOC Atlanta District)

Address:
7391 Hodgson Memorial Drive, Suite 200
Savannah, GA 31406

Telephone: 1-800-669-4000
TTY: 1-800-669-6820

Website: https://www.eeoc.gov/field-office/atlanta/area

Jurisdiction: Southern South Carolina counties (Allendale, Bamberg, Barnwell, Beaufort, Berkeley, Charleston, Colleton, Dorchester, Georgetown, Hampton, Jasper, Williamsburg)

5.3 Dual-Filing with SCHAC and EEOC

Work-Sharing Agreement:

South Carolina Human Affairs Commission has a work-sharing agreement with the EEOC. When a charge is filed with one agency, it is automatically cross-filed with the other agency.

Source: EEOC – State and Local Programs
Available at: https://www.eeoc.gov/field-office/charlotte/fepa

Benefits of Dual-Filing:

  • Extended filing deadline (300 days instead of 180 days)
  • Both agencies review charge
  • Preserves rights under both state and federal law

How It Works:

  • File with either SCHAC or EEOC
  • Agency automatically cross-files with partner agency
  • One investigation serves both agencies in many cases
  • Complainant receives updates from filing agency

Source: South Carolina Human Affairs Commission
Contact: (803) 737-7800 for dual-filing questions

5.4 Other Complaint Venues

U.S. Department of Labor – FMLA, FLSA, OSHA

Wage and Hour Division:
For complaints regarding Family and Medical Leave Act, minimum wage, overtime, child labor

Charleston District Office:
5900 Core Avenue, Suite 200
North Charleston, SC 29406
Telephone: (843) 747-4321
Website: https://www.dol.gov/agencies/whd

Occupational Safety and Health Administration (OSHA):
For workplace safety complaints and retaliation

Columbia Area Office:
Telephone: (803) 896-7665
Website: https://www.osha.gov/contactus/bystate/SC

Workers’ Compensation Commission

For workplace injury retaliation claims:

South Carolina Workers’ Compensation Commission
1333 Main Street, Suite 500
Columbia, SC 29201
Telephone: (803) 737-5700
Website: https://wcc.sc.gov/

Note: Retaliation for filing workers’ compensation claim may violate public policy exception to at-will employment.

National Labor Relations Board (NLRB)

For union-related matters and concerted activity:

Atlanta Regional Office (covers South Carolina):
Harris Tower
233 Peachtree Street NE, Suite 1000
Atlanta, GA 30303
Telephone: (404) 331-2896
Website: https://www.nlrb.gov/region/atlanta

5.5 Private Legal Action

Right to Sue in Court:

After filing with SCHAC or EEOC and receiving Right to Sue notice, individuals may file lawsuit in state or federal court.

South Carolina State Court:

  • File in Court of Common Pleas
  • Subject matter jurisdiction over state law claims
  • Jury trial available

Federal Court:

  • U.S. District Court for the District of South Carolina
  • Subject matter jurisdiction over federal claims
  • Diversity jurisdiction for state claims if requirements met
  • Jury trial available

Time Limits:

  • Must file lawsuit within specified time after receiving Right to Sue notice
  • Consult with attorney regarding specific deadlines

Legal Representation:

For legal advice and representation, consult:

South Carolina Bar Association Lawyer Referral Service:
Telephone: (800) 868-2284
Website: https://www.scbar.org/public/get-legal-help/find-lawyer-or-mediator/lawyer-referral-service/

Legal Aid Organizations:

Published Official Documents

6.1 State-Specific Guidance Documents

Executive Order 2025-31 – Telecommuting and Remote Work Policies

Document: Executive Order No. 2025-31 – Adoption of Updated Telecommuting & Remote Work Policies & Procedures
Published by: Office of Governor Henry McMaster
Date: September 12, 2025
Summary: Directs Division of State Human Resources to implement updated telecommuting policies for state employees, including two-day weekly maximum, management restrictions, and agency approval requirements
Link: https://governor.sc.gov/sites/governor/files/Documents/Executive-Orders/2025-09-11%20FILED%20Executive%20Order%20No.%202025-31%20-%20Adoption%20of%20Updated%20Telecommuting%20%26%20Remote%20Work%20Policies%20%26%20Procedures.pdf
Format: PDF
Applicability: State government employees only

South Carolina State Government Telecommuting Rules

Document: South Carolina State Government Telecommuting Rules
Published by: South Carolina Division of State Human Resources
Date: September 2025
Summary: Detailed implementing rules for Executive Order 2025-31, including eligibility criteria, agency plan requirements, and compliance monitoring procedures
Link: https://governor.sc.gov/sites/governor/files/Documents/Telecommuting%20Rules%20.pdf
Format: PDF
Applicability: State agencies and state employees

State Human Resources Regulations

Document: State Human Resources Regulations
Published by: South Carolina Department of Administration, Division of State Human Resources
Date: 2024 (most recent revision)
Summary: Comprehensive personnel regulations governing state employment, including classification, compensation, performance management, discipline, and telecommuting policies
Link: https://admin.sc.gov/sites/admin/files/Documents/StateHR/2024%20HR%20Regulations%20Revision%20Final.pdf
Format: PDF
Pages: Extensive regulatory document

Relevant Sections:

  • Section 19-701: General Provisions and Definitions
  • Section 19-706: Hours of Work and Overtime
  • Section 19-714: Grievance Procedure
  • Telecommuting policy requirements

6.2 South Carolina Code Provisions

Title 8, Chapter 11 – State Employees

Document: South Carolina Code of Laws, Title 8, Chapter 11
Published by: South Carolina Legislature
Summary: Statutory provisions governing state employment, including personnel administration, compensation, benefits, and alternate work locations

Key Sections:

Section 8-11-15(B) – Alternate Work Locations:
“State agencies may use alternate work locations, including telecommuting, that result in greater efficiency and cost savings.”
Link: https://www.scstatehouse.gov/code/title08.php

Section 8-11-210 – Personnel Administration System:
Establishes Division of State Human Resources authority to administer comprehensive personnel system for all state agencies
Link: https://www.scstatehouse.gov/code/title08.php

6.3 South Carolina Human Affairs Law

Title 1, Chapter 13 – Human Affairs Commission

Document: South Carolina Code of Laws, Title 1, Chapter 13
Published by: South Carolina Legislature
Last Amended: 2018
Summary: State anti-discrimination law prohibiting employment discrimination based on race, religion, color, sex, age, national origin, and disability

Key Sections:

Section 1-13-20: Declaration of policy against discrimination
Section 1-13-30: Definitions including pregnancy accommodation
Section 1-13-40: Creation and structure of Human Affairs Commission
Section 1-13-80: Unlawful employment practices
Section 1-13-90: Complaint filing procedures and timelines

Full Text: https://www.scstatehouse.gov/code/t01c013.php
Format: HTML and PDF available

6.4 South Carolina Human Affairs Commission Regulations

Document: Chapter 65 – South Carolina Human Affairs Commission Regulations
Published by: South Carolina Human Affairs Commission
Summary: Administrative regulations implementing South Carolina Human Affairs Law, including complaint procedures, investigation processes, and pregnancy accommodation guidelines

Key Regulations:

Section 65-2: Complaint filing requirements
Section 65-23: Record preservation requirements
Section 65-30: Pregnancy accommodation guidelines

Full Text: https://www.scstatehouse.gov/coderegs/Chapter%2065.pdf
Format: PDF

6.5 Executive Order 2021-12 (Historical)

Document: Executive Order 2021-12
Issued by: Governor Henry McMaster
Date: March 5, 2021
Summary: Directed state agencies to “immediately expedite the transition back to normal operations” following COVID-19 pandemic; required return to on-campus work for administrative personnel and staff
Link: https://governor.sc.gov/news/2021-03/gov-henry-mcmaster-modifies-emergency-orders-ensuring-continuity-essential-government
Status: Superseded by Executive Order 2025-31 for ongoing telecommuting policies

6.6 Federal Guidance Documents

EEOC Guidance – Pandemic and ADA

Document: What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws
Published by: U.S. Equal Employment Opportunity Commission
Summary: Federal guidance on reasonable accommodations, including telework, during and after pandemic; applicable to return to office situations
Link: https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws
Format: HTML
Last Updated: Ongoing updates

EEOC Guidance – Reasonable Accommodation

Document: Enforcement Guidance on Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act
Published by: U.S. Equal Employment Opportunity Commission
Date: October 17, 2002 (with periodic updates)
Summary: Comprehensive guidance on reasonable accommodation requirements, interactive process, and undue hardship determination
Link: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada
Format: HTML

6.7 Employment at Will Resources

Document: Employment at Will – South Carolina
Published by: South Carolina Department of Labor, Licensing and Regulation
Summary: Information sheet explaining at-will employment doctrine in South Carolina, exceptions, and relevant state agencies for various employment matters
Link: https://www.llr.sc.gov/mediation/pdf/Employment%20at%20Will.pdf
Format: PDF

Absence of Private Sector RTO Legislation

7.1 Legislative Research Results

As of December 30, 2025, searches of the South Carolina Legislature website reveal no specific statutes enacted governing return to office mandates for private sector employers.

Search Conducted:

Website: South Carolina Legislature – https://www.scstatehouse.gov/
Date: December 2025
Search Terms Used:

  • “return to office”
  • “remote work mandate”
  • “telework requirements”
  • “telecommuting private sector”

Result: No relevant legislation identified for private sector employers

Legislative Database Searched:

  • Current session bills (2025-2026)
  • Recent enacted legislation (2024-2025)
  • South Carolina Code of Laws database

Available at: https://www.scstatehouse.gov/

7.2 General Employment Framework for Private Sector

In the absence of specific RTO legislation, private sector employers in South Carolina operate under:

At-Will Employment Framework:

  • South Carolina common law and statutory provisions
  • Employers may generally set workplace policies including location requirements
  • Subject to contractual obligations and collective bargaining agreements

Anti-Discrimination Laws:

  • South Carolina Human Affairs Law (S.C. Code Title 1, Chapter 13)
  • Federal Title VII, ADA, ADEA, GINA

Accommodation Requirements:

  • ADA reasonable accommodation (federal)
  • South Carolina Human Affairs Law accommodation (state)
  • Pregnancy accommodation (state)

Anti-Retaliation Protections:

  • Protection for filing discrimination complaints
  • Workers’ compensation retaliation prohibition
  • Public policy exception to at-will employment

Sources:

Resources & Contacts

9.1 Government Agency Directory

South Carolina Human Affairs Commission

Primary Function: Employment discrimination enforcement, complaint investigation
Official Website: https://schac.sc.gov/
Telephone: (803) 737-7800
Toll-free: 1-800-521-0725
TTY: (803) 253-4125
Address: 1026 Sumter Street, Suite 101, Columbia, SC 29201

South Carolina Department of Administration – Division of State Human Resources

Primary Function: State employee personnel administration, telecommuting policy implementation
Official Website: https://admin.sc.gov/services/state-human-resources
Telephone: (803) 734-8120
Address: 1200 Senate Street, Suite 460, Columbia, SC 29201

South Carolina Department of Labor, Licensing and Regulation

Primary Function: General employment information, wage and child labor enforcement
Official Website: https://llr.sc.gov/
Wage and Child Labor Office: (803) 896-4470
Address: 110 Centerview Drive, Columbia, SC 29210

U.S. Equal Employment Opportunity Commission – Greenville Local Office

Primary Function: Federal employment discrimination enforcement
Official Website: https://www.eeoc.gov/field-office/greenville
Telephone: 1-800-669-4000
TTY: 1-800-669-6820
Address: 301 North Main Street, Suite 1402, Greenville, SC 29601

U.S. Equal Employment Opportunity Commission – Savannah Local Office

Primary Function: Federal employment discrimination enforcement (southern SC counties)
Official Website: https://www.eeoc.gov/field-office/atlanta/area
Telephone: 1-800-669-4000
Address: 7391 Hodgson Memorial Drive, Suite 200, Savannah, GA 31406

U.S. Department of Labor – Wage and Hour Division

Primary Function: Federal wage, hour, FMLA enforcement
Official Website: https://www.dol.gov/agencies/whd
Charleston District Office: (843) 747-4321
Toll-free: 1-866-487-9243
Address: 5900 Core Avenue, Suite 200, North Charleston, SC 29406

South Carolina Workers’ Compensation Commission

Primary Function: Workplace injury claims, retaliation complaints
Official Website: https://wcc.sc.gov/
Telephone: (803) 737-5700
Address: 1333 Main Street, Suite 500, Columbia, SC 29201

9.2 Key Publications and Resources

South Carolina Code of Laws

Website: https://www.scstatehouse.gov/code/
Title 1, Chapter 13: Human Affairs Law
Title 8, Chapter 11: State Employees

South Carolina Code of Regulations

Website: https://www.scstatehouse.gov/coderegs/
Chapter 65: Human Affairs Commission Regulations

South Carolina Legislature

Website: https://www.scstatehouse.gov/
Bill search, session information, legislative research

Governor’s Office – Executive Orders

Website: https://governor.sc.gov/executive-branch/executive-orders
Current and historical executive orders

EEOC Resources

General Information: https://www.eeoc.gov/
File Charge Online: https://publicportal.eeoc.gov/
Laws and Guidance: https://www.eeoc.gov/laws/guidance
ADA Information: https://www.ada.gov/

U.S. Department of Labor

FMLA Information: https://www.dol.gov/agencies/whd/fmla
Wage and Hour: https://www.dol.gov/agencies/whd
OSHA: https://www.osha.gov/

9.3 Legal Assistance Resources

For legal advice (not information), consult licensed attorney:

South Carolina Bar Association

Lawyer Referral Service:
Telephone: (800) 868-2284
Website: https://www.scbar.org/public/get-legal-help/find-lawyer-or-mediator/lawyer-referral-service/
Service: Matches individuals with attorneys in specific practice areas

Find a Lawyer:
Website: https://www.scbar.org/public/get-legal-help/
Resources for finding legal representation in South Carolina

Legal Aid Organizations

South Carolina Legal Services
Website: https://sclegal.org/
Provides civil legal assistance to low-income South Carolinians

Additional Resources:
Various county and regional legal aid offices throughout South Carolina
Contact South Carolina Bar Association for referrals

Important Note:

Government agencies provide information and enforcement services, not legal advice. The South Carolina Human Affairs Commission and EEOC can investigate discrimination complaints and attempt resolution, but cannot provide legal advice on your specific situation.

For advice regarding your specific circumstances, including whether to file a complaint, whether you have legal claims, or how to proceed with your situation, consult a licensed employment attorney in South Carolina.

Frequently Asked Questions - RTO mandate South Carolina

What is South Carolina’s return to office mandate?

South Carolina’s return to office mandate refers to Executive Order 2025-31, issued by Governor Henry McMaster on September 12, 2025. This order establishes updated telecommuting and remote work policies for state government employees only. The mandate limits state employees to a maximum of two days per week of telecommuting, prohibits certain management positions from telecommuting, and requires agency-specific telecommuting plans approved by the Division of State Human Resources. Private sector employers are not subject to this executive order.

Source: Executive Order 2025-31, Governor Henry McMaster
Available at: https://governor.sc.gov/news/2025-09/governor-mcmaster-issues-executive-order-updating-telecommuting-work-policies

Does South Carolina’s RTO mandate apply to private employers?

No. Executive Order 2025-31 applies exclusively to state government employees working for South Carolina state agencies, departments, institutions, boards, commissions, and authorities. Private sector employers, federal employees, and local government employees (unless their jurisdiction adopts similar policies) are not covered by this executive order. Private employers in South Carolina operate under at-will employment principles and must comply with anti-discrimination laws, but face no state mandate regarding return to office policies.

Source: Executive Order 2025-31
Statutory Authority: S.C. Code Section 8-11-15(B) (state agencies only)

Can my employer force me back to the office in South Carolina?

Generally yes, with limitations. South Carolina is an at-will employment state, meaning private sector employers may change workplace policies, including work location requirements, and employees who refuse may be terminated for any reason not prohibited by law.

However, according to the South Carolina Department of Labor, Licensing and Regulation and other government agencies, employers must comply with:

Legal Protections:

  • Anti-discrimination laws prohibiting termination based on race, sex, religion, disability, age, national origin (South Carolina Human Affairs Law and federal laws)
  • Reasonable accommodation requirements for disabilities and pregnancy (ADA and S.C. Code § 1-13-30(T))
  • Contract terms if employment contract exists
  • Collective bargaining agreements for unionized employees
  • Anti-retaliation protections for exercising legal rights (filing discrimination complaints, workers’ compensation claims)

Source: South Carolina Department of Labor, Licensing and Regulation – Employment at Will
Available at: https://www.llr.sc.gov/mediation/pdf/Employment%20at%20Will.pdf

If you have a disability or medical condition requiring remote work, you may request reasonable accommodation. Consult an employment attorney for advice specific to your situation.

What are my accommodation rights under South Carolina law?

South Carolina Human Affairs Law and federal ADA require employers with 15 or more employees to provide reasonable accommodations for:

Disability Accommodations:

  • Modifications to work environment or schedule
  • Equipment or assistive devices
  • Modified duties or reassignment
  • Telework/remote work (if job functions permit)
  • Other accommodations enabling performance of essential job functions

Pregnancy Accommodations (S.C. Code § 1-13-30(T)):

  • More frequent bathroom breaks
  • Breaks for breast milk expression
  • Private lactation space
  • Modified seating or equipment
  • Temporary transfer to less strenuous position
  • Modified work schedule
  • Light duty assignments
  • Leave for childbirth recovery

Religious Accommodations:

  • Schedule modifications for religious observances
  • Dress code exceptions
  • Other modifications for sincerely held religious beliefs

Employers may deny accommodation only if it causes undue hardship (significant difficulty or expense for disability/pregnancy; more than minimal burden for religion).

Source: South Carolina Human Affairs Commission
Website: https://schac.sc.gov/employment-discrimination/prohibited-practices-discrimination-types

How do I file a discrimination complaint in South Carolina?

You have two primary options for filing employment discrimination complaints in South Carolina:

Option 1 – South Carolina Human Affairs Commission (SCHAC):

Contact Information:
South Carolina Human Affairs Commission
1026 Sumter Street, Suite 101
Columbia, SC 29201
Telephone: (803) 737-7800
Toll-free: 1-800-521-0725
Website: https://schac.sc.gov/filing-complaint

Filing Methods:

  • Online through website
  • By phone: (803) 737-7800
  • By mail to address above
  • In person at office

Deadline: 180 days from discriminatory act (300 days if dual-filed with EEOC)

Option 2 – U.S. Equal Employment Opportunity Commission (EEOC):

Contact Information:
Toll-free: 1-800-669-4000
TTY: 1-800-669-6820
Online Portal: https://publicportal.eeoc.gov/

South Carolina Offices:

  • Greenville Local Office: 301 North Main Street, Suite 1402, Greenville, SC 29601
  • Savannah Local Office (southern SC): 7391 Hodgson Memorial Drive, Suite 200, Savannah, GA 31406

Deadline: 180 days from discriminatory act (300 days in states with FEPA agreements like South Carolina)

Dual-Filing: South Carolina has work-sharing agreement with EEOC. Filing with one agency automatically cross-files with the other, extending deadline to 300 days.

Can I request remote work as a reasonable accommodation?

Yes, you may request remote work as a reasonable accommodation if you have a disability or medical condition requiring it. However, employers are not automatically required to grant the request.

Legal Framework:

Under the ADA and South Carolina Human Affairs Law, remote work may be reasonable accommodation when:

  1. You have a disability covered by the ADA
  2. Essential job functions can be performed remotely
  3. Remote work effectively addresses limitations caused by disability
  4. Accommodation does not impose undue hardship on employer

Interactive Process:

Employers must engage in interactive process to:

  • Determine essential job functions
  • Assess feasibility of remote work
  • Consider alternative accommodations
  • Evaluate undue hardship

EEOC Guidance: Remote work became more common during COVID-19 pandemic, and EEOC has stated that widespread remote work during pandemic may be relevant to assessing whether remote work is feasible accommodation.

Source: EEOC – What You Should Know About COVID-19 and the ADA
Available at: https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws

To request accommodation, inform your employer of your need for adjustment due to medical condition and suggest remote work as potential solution.

What is South Carolina’s Human Affairs Law?

The South Carolina Human Affairs Law is the state’s primary employment anti-discrimination statute, enacted in 1972 and codified in South Carolina Code Title 1, Chapter 13.

Protected Classes:

  • Race
  • Religion
  • Color
  • Sex (including pregnancy, childbirth, lactation)
  • Age (40 and older)
  • National origin
  • Disability

Employer Coverage: Employers with 15 or more employees (20 or more for age discrimination)

Prohibited Practices:

  • Discriminatory hiring, firing, compensation
  • Harassment based on protected characteristics
  • Denial of reasonable accommodation
  • Retaliation for filing complaints or participating in investigations

Enforcement: South Carolina Human Affairs Commission investigates and resolves complaints

Enhanced Protections: South Carolina law provides additional pregnancy accommodation requirements beyond federal law, enacted in 2018

Source: S.C. Code Title 1, Chapter 13
Available at: https://www.scstatehouse.gov/code/t01c013.php
Commission Website: https://schac.sc.gov/

Where do I file an EEOC complaint in South Carolina?

South Carolina residents may file EEOC complaints through several methods:

Online (Recommended):
EEOC Public Portal: https://publicportal.eeoc.gov/
Process: Create account, complete intake questionnaire, schedule interview

By Phone:
National: 1-800-669-4000
TTY: 1-800-669-6820
ASL Video Phone: 1-844-234-5122

In Person – Greenville Local Office (Most SC Counties):
Address: 301 North Main Street, Suite 1402, Greenville, SC 29601
Walk-in Hours: Monday, Tuesday, Thursday 8:30 AM – 3:00 PM
Note: Appointment recommended; walk-ins screened for appropriate follow-up
Website: https://www.eeoc.gov/field-office/greenville

In Person – Savannah Local Office (Southern SC):
Serves: Allendale, Bamberg, Barnwell, Beaufort, Berkeley, Charleston, Colleton, Dorchester, Georgetown, Hampton, Jasper, Williamsburg counties
Address: 7391 Hodgson Memorial Drive, Suite 200, Savannah, GA 31406
Website: https://www.eeoc.gov/field-office/atlanta/area

Deadline: 180 days from discriminatory act (300 days in South Carolina due to FEPA agreement)

Dual-Filing: Filing with EEOC automatically cross-files with South Carolina Human Affairs Commission.

What is at-will employment in South Carolina?

At-will employment is the default employment relationship in South Carolina for private sector workers. According to the South Carolina Department of Labor, Licensing and Regulation:

“Employment-at-will simply means that the employer may terminate the employment or the employee may leave the employment at any time for any reason (or for no reason).”

Key Characteristics:

  • No required notice period (unless specified by contract)
  • No required cause for termination (unless specified by contract)
  • Applies to both employer and employee
  • Employee may quit without notice or reason
  • Employer may terminate without notice or reason

Important Exceptions:

According to the South Carolina Department of Labor, Licensing and Regulation, there are laws that protect employees from termination, demotion, or other discrimination in certain circumstances:

  • Cannot terminate for discriminatory reasons (race, sex, religion, disability, age, national origin)
  • Cannot terminate in retaliation for exercising legal rights
  • Cannot violate employment contract terms
  • Cannot violate collective bargaining agreements
  • Protection exists for employees engaging in certain legally protected activities

Source: South Carolina Department of Labor, Licensing and Regulation
Available at: https://www.llr.sc.gov/mediation/pdf/Employment%20at%20Will.pdf

At-will employment means employers may change workplace policies, including work location requirements, but must still comply with anti-discrimination and accommodation laws.

What is the difference between state employee and private sector RTO requirements in South Carolina?

State Employees (Executive Order 2025-31):

Applicability: State agencies, departments, institutions under South Carolina state government

Telecommuting Limits:

  • Maximum two days per week
  • Agency-approved plan required
  • One year satisfactory employment required
  • Management positions prohibited from telecommuting
  • Consecutive day restrictions (no Mon-Tue, Thu-Fri, Fri-Mon)

Revocation: Agency may revoke telecommuting at any time; not subject to grievance procedure

Authority: Governor’s Executive Order; Division of State Human Resources regulations

Source: Executive Order 2025-31
Available at: https://governor.sc.gov/news/2025-09/governor-mcmaster-issues-executive-order-updating-telecommuting-work-policies

Private Sector Employees:

Applicability: Private companies, non-governmental employers

RTO Requirements: No state mandate; employers set own policies under at-will employment framework

Legal Constraints:

  • Must comply with anti-discrimination laws
  • Must provide reasonable accommodations for disabilities and pregnancy
  • Must honor employment contracts
  • Must respect collective bargaining agreements
  • Cannot retaliate for exercising legal rights

Authority: At-will employment doctrine; state and federal anti-discrimination laws

Source: South Carolina common law; S.C. Human Affairs Law; federal employment laws

The key difference is that state employees face specific telecommuting restrictions under Executive Order 2025-31, while private sector employees have no state-mandated RTO requirements but are subject to employer policies under at-will employment principles.

When does South Carolina’s return to office order take effect?

Executive Order 2025-31 took effect immediately upon issuance on September 12, 2025.

Implementation Timeline:

Immediate (September 12, 2025):

  • Executive Order became effective
  • Division of State Human Resources began implementing updated policies

Agency Requirements:

  • State agencies must submit telecommuting plans to Division of State HR for approval
  • No telecommuting permitted until agency plan approved
  • Agencies must comply with two-day maximum and other restrictions

Employee Impact:

  • Employees subject to new rules upon agency plan approval
  • Existing telecommuting arrangements subject to review under new rules
  • Agencies may revoke telecommuting to comply with order

Source: Executive Order 2025-31
Available at: https://governor.sc.gov/news/2025-09/governor-mcmaster-issues-executive-order-updating-telecommuting-work-policies

For state employees, contact your agency’s human resources department for specific implementation timeline. For private sector employees, this order does not apply.

Are there exceptions to South Carolina’s state employee RTO mandate?

Executive Order 2025-31 and implementing rules establish limited exceptions:

Categorical Exclusions:

  1. Prior Formal Agreements: According to University of South Carolina guidance on similar 2021 order, employees with formal long-term telecommuting arrangements in place before certain dates may maintain those agreements (check with specific agency)
  2. Reasonable Accommodations: Employees with disabilities or medical conditions may request accommodations under ADA and South Carolina Human Affairs Law, which could include telework beyond two-day limit
  3. Pregnancy Accommodations: Temporary accommodations for pregnancy-related medical needs under S.C. Code § 1-13-30(T)

Agency Discretion:

  • Agency Directors have discretion whether to allow telecommuting at all
  • Agencies may implement stricter policies (zero telecommuting)
  • Agencies determine which positions are eligible

No General Exceptions For:

  • Personal preference
  • Childcare needs (unless qualifying accommodation)
  • Commuting distance
  • Cost savings to employee

Revocation Authority:

  • Agencies may revoke any employee’s telecommuting at any time
  • Division of State HR may revoke agency’s telecommuting program for non-compliance

Source: Executive Order 2025-31; South Carolina State Government Telecommuting Rules

For accommodation requests, contact your agency human resources department and, if necessary, the South Carolina Human Affairs Commission at (803) 737-7800.

Is there pending RTO legislation in South Carolina for private employers?

As of December 30, 2025, no pending legislation has been identified in the South Carolina Legislature regarding return to office mandates for private sector employers.

Legislative Search Conducted:

Website: South Carolina Legislature – https://www.scstatehouse.gov/
Current Session: 2025-2026
Search Terms: “return to office,” “remote work,” “telework,” “telecommuting private sector”
Result: No relevant bills identified

How to Monitor Future Legislation:

South Carolina Legislature Bill Search: Website: https://www.scstatehouse.gov/billsearch.php
Search current and proposed bills

South Carolina Legislature Session Information: Website: https://www.scstatehouse.gov/
View committee schedules and bill status

Governor’s Office – Executive Orders: Website: https://governor.sc.gov/executive-branch/executive-orders
Monitor new executive orders (though these typically apply only to state employees)

Source: South Carolina Legislature website
Last checked: December 2025

Private sector employers in South Carolina currently operate under at-will employment framework without specific state RTO mandates.

Others

Washington
California
New Jersey
Massachusetts
New York

Legal Disclaimer: Nature of This Compilation This document is a compilation of publicly available information from official government sources. It is NOT: Legal advice An interpretation of laws or regulations A substitute for consultation with a licensed attorney A comprehensive treatment of all applicable laws Guaranteed to be complete or current