The Official Web Site of the State of South Carolina

South Carolina Human Affairs Commission

Alisa Warren, PhD, Commissioner 

Non Employment

SCHAC's Core Enforcement Authority

The South Carolina Human Affairs Commission has full enforcement authority to investigate and resolve complaints involving:

Employment discrimination based on race, color, religion, sex, age, national origin, or disability

Housing discrimination under the Fair Housing Act

Public accommodations discrimination in covered circumstances

For these matters, SCHAC can conduct comprehensive investigations, subpoena evidence, make legal determinations, and pursue remedies through administrative hearings or court proceedings.

Limited Authority Under S.C. Code § 1-13-90(e)

South Carolina law recognizes that not every human affairs concern falls within SCHAC's primary enforcement jurisdiction. For matters that involve "human affairs" but do not constitute employment, housing, or public accommodations discrimination, Section 1-13-90(e) provides SCHAC with extremely limited authority.

What If My Complaint Involves a Different Type of Dispute from Employment, Housing or Public accommodations discrimination?

If your concern involves "human affairs" but falls outside employment, housing, or public accommodations, SCHAC has a very limited role under South Carolina Code Section 1-13-90(e).

What This Statute Allows:

Under this provision, SCHAC may "endeavor to eliminate [the] dispute by conference and conciliation." This means:

  • Voluntary participation only – SCHAC can invite the parties to meet and discuss the dispute
  • Facilitated dialogue – SCHAC staff can serve as neutral facilitators to help parties communicate
  • Informal problem-solving – If both sides are willing, SCHAC can help them explore potential resolutions
What This Statute Does NOT Provide:

Critically, Section 1-13-90(e) includes no enforcement mechanism whatsoever. This means:

  • No investigative power – SCHAC cannot compel anyone to provide documents, testimony, or evidence
  • No subpoena authority – SCHAC cannot require attendance at conferences or cooperation with the process
  • No fact-finding authority – SCHAC cannot make determinations about what occurred or who was at fault
  • No legal conclusions – SCHAC cannot issue findings of discrimination or violations of law
  • No enforcement of agreements – Even if parties reach an agreement, SCHAC cannot enforce compliance
  • No remedies – SCHAC cannot award damages, order specific performance, or provide any legal relief
  • No continued jurisdiction – If conciliation fails, the statute requires that "the case must be closed"

Practical Implications for Complainants

If you file a complaint with SCHAC that falls under Section 1-13-90(e)'s limited authority rather than our core enforcement jurisdiction, you should understand:

The Process is Entirely Voluntary

Both you and the other party must agree to participate. If either party declines, SCHAC cannot proceed. Even if both parties initially agree, either can withdraw at any time.

No Investigation Will Occur.

SCHAC will not investigate the facts of your complaint, interview witnesses, or review evidence in the manner we would for employment or housing discrimination cases.

Success Depends on Mutual Willingness

Resolution is only possible if both parties want to resolve the matter and are willing to negotiate in good faith.

Agreements Are Not Enforceable by SCHAC

If you reach an agreement through SCHAC's conciliation, the agreement itself may be enforceable as a contract under general contract law principles—but SCHAC has no role in enforcing it. You would need to pursue enforcement through the court system if the other party doesn't comply.

Case Closure is Mandatory if Conciliation Fails

Unlike employment or housing cases where SCHAC can pursue further legal action after failed conciliation, Section 1-13-90(e) cases must be closed if voluntary resolution is unsuccessful.

When This Limited Role May Be Helpful

Despite these significant limitations, SCHAC's conciliation services under Section 1-13-90(e) may be beneficial when:

  • Both parties desire an amicable resolution
  • A neutral facilitator could help parties communicate more effectively
  • The dispute is suitable for informal problem-solving
  • The parties want to avoid more formal legal proceedings
  • Both parties are willing to participate in good faith

Protecting Your Legal Rights

Important: Participating in SCHAC's limited conciliation process does not toll statutes of limitations or create new legal rights. If you have a complaint that falls outside SCHAC's primary enforcement authority, you should:

  • Consult with a private attorney to understand your legal options and any applicable deadlines
  • Research other agencies that may have jurisdiction over your specific type of complaint
  • Understand the limitations of SCHAC's role before deciding whether to participate
  • Continue to protect your rights through other available channels while engaging in conciliation

Alternative Resources

If your matter falls outside SCHAC's enforcement jurisdiction, consider contacting:

  • Private attorneys who specialize in the relevant area of law
  • The South Carolina Bar Lawyer Referral Service for attorney recommendations
  • Federal agencies such as the Equal Employment Opportunity Commission (EEOC) or U.S. Department of Housing and Urban Development (HUD) if federal civil rights laws may apply
  • Other state agencies with jurisdiction over your specific type of complaint
  • Mediation services that may offer dispute resolution assistance

Questions About SCHAC's Authority?

If you're unsure whether your complaint falls under SCHAC's full enforcement authority or the limited conciliation provisions of Section 1-13-90(e), contact us:

South Carolina Human Affairs Commission

1026 Sumter Street, Suite 101

Columbia, SC 29201

(803) 737-7800, 711 (Relay)

 

Please note: This information is general in nature and does not constitute legal advice. For advice about your specific situation, consult with an attorney.