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You got demoted the same week you complained about how your manager treated you. Or maybe you were let go, quietly, months after training a younger hire to take your spot. Now you’re wondering if too much time has passed to do anything about it.
In South Carolina, that clock started on the day it happened, not the day you finally decided to act. Most workers have 180 days to file a charge, sometimes 300, and once that window closes, the door usually shuts for good.
There’s likely still time, and knowing exactly how much changes what you do this week. Axelrod & Associates, P.A. has walked Grand Strand workers through this exact deadline pressure for years, and a short conversation can tell you where you stand.
Key Takeaways
- South Carolina gives you 180 days to file with the state, extended to 300 if federal law also applies
- Missing the state deadline doesn’t always end things, since the federal clock runs on its own track
- A right-to-sue letter starts a separate, harsher 90-day countdown to actually get to court
- Harassment claims run from the last incident, not the first one
- The Equal Pay Act works on a completely different two-year clock
How Long You Have to File a Discrimination Claim in South Carolina
You generally have 180 days from the date the discrimination occurred to file a charge with the South Carolina Human Affairs Commission (SCHAC), the state agency that enforces South Carolina’s Human Affairs Law. That window extends to 300 days if your claim also falls under federal law, which most workplace discrimination cases do.
The 180-day mark isn’t a suggestion. Once it passes, your right to pursue the claim through the state process usually goes with it, no matter how solid your evidence is. Filing early does two things at once. It gets the process moving while memories and paperwork are still fresh, and it keeps your options open if the case eventually needs federal court.
Axelrod & Associates, P.A., offers a free consultation for Myrtle Beach workers who aren’t sure how many days they have left.
What Counts as Discrimination Under South Carolina Law
State and federal law both protect you from adverse treatment tied to a protected characteristic, not just how you perform on the job. That coverage includes:
- Race, color, and national origin
- Sex, including pregnancy and related medical conditions
- Religion
- Age, for workers 40 and older
- Disability status, including a need for reasonable accommodation
Retaliation for reporting any of this counts too, and it carries its own separate protections. If your situation touches one of these categories and happened at a company with 15 or more employees, the clock described above has probably already started running.
SCHAC or EEOC: Choosing Where to File
You can file with SCHAC, the Equal Employment Opportunity Commission (EEOC), or both, since the two agencies operate under a work-sharing agreement that automatically forwards your charge between them. Where you start matters less than making sure it happens before either deadline runs out.
The Work-Sharing Agreement
File with one agency, and your charge typically counts as filed with both. That cross-filing is exactly what stretches most South Carolina workers’ window from 180 days to 300, since the claim ends up covered under state and federal law at the same time.
Employer Size Requirements
Federal protections generally apply once a company has 15 or more employees, or 20 for age discrimination claims. Smaller Horry County employers can fall outside EEOC jurisdiction entirely, which changes which agency, and which deadline, actually governs your case. Talking to an employment discrimination attorney before that number hits zero costs you nothing but a phone call.
What Happens After You File a Charge
Filing the charge is the beginning, not the end. Once SCHAC or the EEOC receives it, the agency notifies your employer, often within days, and asks for a written response. Then comes the waiting. Some cases move to mediation within a few months and settle there. Others sit in an investigation queue for the better part of a year, sometimes longer, before the agency reaches a finding on whether there’s reasonable cause to believe discrimination happened.
If the agency pushes for conciliation and it works, the case can resolve without ever touching a courtroom. If it doesn’t, or if you’d rather not wait any longer, you can ask for a document that lets you file a charge and then take your case to court on your own, once your administrative remedies with the agency are exhausted.
The 90 Days Nobody Warns You About
That document is called a Notice of Right to Sue, and once you receive it, you have 90 days to file a lawsuit in court. Not 90 days to think it over. Ninety days to file if you’re suing under federal law.
If you’re suing under South Carolina’s own discrimination law instead, the deadline is different: 120 days from the date of that notice, or one year from the date of the discrimination, whichever comes first.
Ask which deadline applies to your case the moment you get any notice, since guessing wrong can cost you your case.
FAQ’s About Filing a Discrimination Claim in South Carolina
Do I need a lawyer to file a discrimination charge?
No, you can file the charge yourself directly with SCHAC or the EEOC. Where a lawyer usually helps most is deciding which agency to use and building your evidence file while things are still fresh. A quick consultation before you submit anything rarely costs you time you don’t have.
What happens if my employer retaliates after I file?
Retaliation is treated as its own separate legal violation, not just an extension of your original claim. You can file a new charge specifically over the retaliation, with its own deadline running from that new incident. Keep records of everything that changes at work after you file, since that documentation tends to carry real weight later. Retaliation can also follow other workplace claims, and our guide on workers compensation and filing a lawsuit explains how those paths can overlap.
Can I get my job back if my discrimination claim succeeds?
Reinstatement is possible, but it’s one remedy among several, alongside back pay and other damages. Most cases end in a negotiated settlement rather than a judge ordering your employer to rehire you. What you end up with usually depends on whether you’d even want the job back, and that’s worth talking through honestly.
Will filing a discrimination charge show up if a future employer checks my background?
There’s no law stopping your former employer from mentioning the charge in a reference check. The EEOC and SCHAC are required to keep charge files confidential, but that rule applies to the agency, not to your old employer. If they bring it up specifically to punish you for filing, that could count as retaliation, which is its own separate legal problem.
What if I already signed a severance agreement?
A severance agreement can limit your ability to sue, but it doesn’t automatically block every claim, especially if it was signed under pressure or without proper disclosures. Some agreements simply don’t meet the legal requirements to hold up. Have an attorney look over what you signed before you assume the door is closed.
Need To Know Where Your Case Stands?
If something happened at work that didn’t feel right, timing matters, and it’s usually not too late to take action. Stuart Axelrod founded this firm to give clients straightforward, honest answers.
The earlier you reach out, the more legal options you keep on the table. Contact our firm today to review your case.
