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S.C. Employers Required to Use New Employment Discrimination Poster

July 3, 2018

The S.C. Human Affairs Commission (SCHAC) has released an updated employment discrimination poster that summarizes the state’s new Pregnancy Accommodations Act as well as other provisions of the S.C. Human Affairs Law.

As explained in our recent article, the Pregnancy Accommodations Act requires employers in South Carolina with 15 or more employees to:

  1. Provide reasonable accommodations to pregnant employees and new mothers;
  2. Notify employees hired on or after May 17, 2018, in writing at the time of hire of their “right to be free from discrimination for medical needs arising from pregnancy, childbirth, or related medical conditions,” including lactation;
  3. Notify employees hired before May 17, 2018, of that right on or before September 14, 2018; and
  4. Post notice of that right “conspicuously … in an area accessible to employees” by September 14, 2018.

The new poster, which is available in English and Spanish, assists employers in complying with the notice and posting requirements.

The poster states that “Employers … SHALL POST, KEEP POSTED, AND MAINTAINED IN CONSPICUOUS PLACES UPON THEIR PREMISES where notices to employees and applicants for employment are customarily posted...” the poster.

(Emphasis here reflects emphasis included on poster.)

The updated poster also serves as a reminder that the Human Affairs Law makes it illegal to:

  • Pay unequal wages based on race, color, religion, national origin, sex, age, or disability—in addition to pregnancy, childbirth, and related medical conditions;
  • Permit harassment or intimidation based on protected categories;
  • Fail to provide reasonable accommodations based on disability and religion; or
  • Retaliate against employees for complaining about discrimination, requesting an accommodation, or participating in a discrimination investigation.

The poster informs employees that they can file a claim of discrimination with the SCHAC by phone, in person, or online.

In addition to using the new poster, employers will want to review and, if needed, update EEO and reasonable accommodations policies, and train supervisors and managers on the policies.

Our Insights are published as a service to clients and friends. They are intended to be informational and do not constitute legal advice regarding any specific situation.