South Carolina Code of Regulations
Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR
Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS
Subarticle 10 - DISCRIMINATION AGAINST EMPLOYEES EXERCISING RIGHTS UNDER THE SOUTH CAROLINA OCCUPATIONAL SAFETY AND HEALTH ACT
Section 71-1005 - Persons Protected by Section 41-15-510

A. All employees are afforded the full protection of Section 41-15-510. The Act does not define the term "employee". However, the broad remedial nature of this legislation demonstrates a clear legislative intent that the existence of an employment relationship, for purposes of Section 41-15-510, is to be based upon economic realities rather than upon common law doctrines and concepts. See U.S. v. Silk, 331 U.S. 704(1947); Rutherford Food Corporation v. McComb, 331 U.S. 722(1947).

B. For purposes of Section 41-15-510, even an applicant for employment could be considered an employee. See NLRB v. Lamar Creamery, 246 F.2d 8 (5th Cir., 1957). Further, because Section 41-15-510 speaks in terms of any employee, it is also clear that the employee need not be an employee of the discriminator. The principal consideration would be whether the person alleging discrimination was an "employee" at the time of engaging in protected activity.

C. Section 41-15-210 makes it clear that the protection of the Act extends to employees in both the public and private sectors. Employees of the State, its departments and political subdivisions, as well as employees of municipalities and other governmental entities, are protected by Section 41-15-510.