Employment Laws in South Carolina
Definition of employee. Employee means an individual employed by an employer, and the state and any of its political subdivisions, agencies or departments but does not include any elected officer, member of an elected officer's personal staff or an appointee on the policy making level, unless one of the excluded persons is a civil servant.
Definition of employer. Employer means any person who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year or an agent of an employer, but does not include an Indian tribe or a bona fide membership club, other than a labor organization.
Prohibited employment discrimination. It is unlawful to discriminate in hiring or employment practices on the basis of an employee's or applicant's race, religion, color, sex (including pregnancy, childbirth, and related medical conditions), age (40 and over), disability, or national origin.
Smoking preference. Employers may not discriminate in hiring or employment against persons who use tobacco products outside the workplace.
Recordkeeping/posting requirements. Information obtained in a preemployment medical examination regarding the medical condition or history of an applicant must be collected and maintained on separate forms and in separate medical files and must be treated as a confidential medical record.
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