South Carolina has its own pregnancy discrimination law on the books–the Pregnancy Accommodations Act (PAA)–which dates back to 2018 and predates the federal discrimination law on pregnancy that went into effect June 2023 (read more about the federal law here). However, I read a recent article about the 2018 South Carolina law, and it was interesting to me mostly in the way it showed just how little the SC law has been used.
Does Anyone Actually File Cases under the Pregnancy Accommodations Act?
Personally, in most of my cases, I have proceeded under Title VII for sex discrimination and the ADA (Americans with Disabilities Act) for reasonable accommodations for pregnancy-related restrictions, even without the 2018 SC law on the books. Since 2015, the U.S. Supreme Court has held that accommodations offered to disabled or injured employees under the ADA must also be offered to pregnant employees. And the federal Pregnant Workers Fairness Act provides federal protection for pregnant employees. I don’t think I’ve brought a single case under the SC Pregnancy Accommodations Act.
Neither have many other people. The article provides some rather telling statistics about the actual use of the PAA in the last six years since it took effect. Only 84 claims have ever been filed with the SC Human Affairs Commissions (the state equivalent of the federal Equal Employment Opportunity Commission) under the PAA. In half of those cases, the SCHAC couldn’t find enough evidence and so issued a no cause finding. That’s not unusual. It’s incredibly difficult to get the agency to find merit in anything, even in cases that I will readily take on myself and file in federal court. Nearly all of my cases that I obtain a good result for my clients on come from cases that the EEOC or SCHAC have dismissed with a no cause finding. Generally, it just means the investigator can’t be bothered (or doesn’t have the time or resources) to conduct a real investigation.
A quarter of the charges were resolved between the company and the employee. Only five times in 84 did SCHAC play any role in resolving the claims for the employees. (A further reminder to find your own attorney to have these cases vetted for viability; don’t wait on the EEOC or SCHAC to do anything.)
What Accommodations Are Available to Pregnant Employees in South Carolina?
Regardless of what law you file under, there are still basic types of accommodations that a South Carolina employee can request if they become pregnant. These can include:
Longer or more frequent breaks periods or bathroom breaks
Private locations to pump breast milk (I wrote about this accommodation in more detail here)
Providing assistance on lifting
Modifying work schedules or duties
Takeaways for South Carolina Employees
For South Carolina employees who become pregnant, it can be nerve-wracking to tell your employee about the pregnancy for fear of what retaliation might follow. Be mindful that the law does provide protection in many cases against discrimination on the basis of sex, pregnancy, or pregnancy-related disabilities. The law also provides for reasonable accommodations for medical reasons, along with some protection for pumping breast milk at work.
If you are experiencing pregnancy discrimination, reach our to our office to discuss your legal options in more detail.
