Current through Register Vol. 48, 12, December 27, 2024
A. Who may file.
A complaint that any person has engaged in or is engaging in an
unlawful employment practice may be made by an individual claiming to be
aggrieved - said individual shall be hereinafter referred to as the
"complainant".
B. Complaint
Form.
The complaint shall be in writing on a form provided by the
Commission for this purpose. The complaint must be signed and sworn under oath
or affirmation.
C. Required
Contents of a Complaint. A complaint shall contain:
(1) The full name, address, and telephone
number (if any) of the complainant. (Note: The person claiming to be aggrieved
has the responsibility to provide the Commission with notice of any change in
address and with notice of any prolonged absence from the current address and
telephone number so that he/she can be located as necessary during the
Commission's processing of the complaint.)
(2) The full name and address of the person
against whom the complaint is made, if known (hereinafter referred to as the
"respondent").
(3) A short, clear,
and concise statement of the facts showing that the complainant is entitled to
relief under the Act. This shall include:
(a)
a clear statement of the harm alleged to be suffered by the
complainant;
(b) a statement of the
alleged basis of the discrimination;
(c) a statement of the complainant's
knowledge, if any, concerning the respondent's reason for the alleged unlawful
discrimination; and
(d) a statement
of any and all other information providing the factual basis for the
complaint.
(4) The date
or dates when the alleged unlawful employment practice occurred, if known; if
the alleged unlawful employment practice is of a continuing nature, the dates
between which the alleged continuing acts occurred shall be stated, if
known.
(5) If known, the
approximate number of employees of the respondent employer, or the approximate
number of members of the respondent labor organization, as the case may
be.
(6) A statement as to any other
action or proceeding, judicial or administrative, civil or criminal, instituted
by the same complainant or other in his/her behalf, in any other forum based
upon the same operative facts or harm as is alleged in the complaint filed with
the Commission, together with a statement of the status or disposition of such
other action or proceeding.
D. Time of Filing.
(1) A complaint alleging an unlawful
employment practice must be filed with the Commission within one hundred eighty
(180) calendar days after the alleged unlawful practice occurs, unless the
practice is of a continuing nature. If the alleged practice is of a continuing
nature, the date of the occurrence of said practice shall be deemed to be any
date after commencement of the practice up to and including the date on which
the practice shall have ceased, or the date on which the complaint is filed if
the unlawful practice is continuing at the time the charge is filed.
(2) The timeliness of a complaint shall be
determined for purposes of satisfying the filing requirements by the date on
which the complaint is received by the Commission. All charges shall be dated
and time stamped upon receipt by the Commission.
E. Place of Filing.
A complaint shall be filed with the Commission at its office at
1026 Sumter Street, Suite 101, Columbia, South Carolina 29201, or by mail at
Post Office Box 4490, Columbia, South Carolina 29240.
F. Manner of Filing.
The complaint may be made in person to any member of the
Commission's staff, submitted by electronic or other means as approved by the
agency, or mailed to the Commission's office in Columbia, South Carolina. A
complaint may also be filed in the above manner at any other Commission office
subsequently established for the filing of complaints by the Commission at any
other location in the State.
G. Service of the Complaint.
Within ten (10) days after the filing of a complaint in the
Commission's office, the Commission shall serve the respondent with a copy of
the complaint by mail or in person.
H. Amendment of Complaint.
(1) A complaint may be amended by the
complainant to cure technical defects, including failure to verify the
complaint, or to clarify allegations made therein. A complaint shall not be
amended to include additional unlawful employment practices unless such
additional unlawful employment practices are clearly related to the allegations
contained in the original complaint. Any additional unlawful employment
practices which are not clearly related to the allegations contained in the
original complaint may, if timely, be made in a separate complaint.
(2) Amendments will relate back to the date
the complaint was first received. If a complaint is amended, a copy of the
amended complaint shall be served within ten (10) days of Commission receipt
thereof on the respondent.
(3) A
complaint may only be amended while the complaint is active, and a complaint
may not be amended by a complainant after a letter of determination, final
order, conciliation or dismissal of a complaint has been made by the
Commission.
I.
Withdrawal of Complaint.
A complaint or any part thereof may be withdrawn at any time
upon Commission receipt of a written request of the complainant or his/her
legal representative stating that the complainant requests that the complaint
be withdrawn. Such withdrawal shall be without prejudice to the rights of the
complainant; provided however, that should the complainant refile the complaint
at a later time, timeliness shall be established on the basis of the latter
filing. The respondent shall be notified within ten (10) days of the withdrawal
of the complaint.
J.
Dismissal of Complaint.
(1) Where a complaint,
on its face, or as amended, fails to state a claim under the Act, the
Commission shall dismiss the complaint.
(2) A complaint shall also be dismissed:
(a) When the complaint, and every portion
thereof, is not timely filed.
(b)
When the complaint does not contain required contents pursuant to Section 65-2C
of these Regulations.
(c) In the
event that the complainant fails to provide information necessary for the
proper filing or processing of a complaint, fails or refuses to appear or to be
available for scheduled interviews or conferences with Commission
investigators, or otherwise refuses to cooperate with the Commission to the
extent that the Commission is unable to resolve the complaint, and after due
written notice, the complainant has had no less than fifteen (15) but no more
than thirty (30) days in which to respond.
(d) When the complainant cannot be located
the Commission shall dismiss the complaint, provided that reasonable efforts
have been made to locate the complainant, and the complainant has not responded
within thirty (30) days to a written notice sent by the Commission to the
complainant's last known address.
(3) Where the Commission determines after
investigation that there is not reasonable cause to believe that the Act has
been violated, the Commission shall dismiss the complaint.
(4) In the event that a respondent has made a
settlement offer, in writing and specific in its terms, the Commission shall
dismiss the complaint if the complainant refuses to accept the offer; provided
however, that the offer would afford full relief for the harm alleged by the
person claiming to be aggrieved, and that the person claiming to be aggrieved
fails to accept such an offer within thirty (30) days after actual notice of
the said offer.
(5) Any complaint
which has been brought as a court action alleging essentially the same facts
and seeking relief for the same complainant shall be promptly
dismissed.
(6) Any dismissal;
pursuant to (a) through (d) above, shall constitute a final action by the
Commission within the meaning of Section 706(c) of Title VII of the Civil
Rights Act of 1964, as amended.
