In South Carolina, the main law addressing disability accommodation in employment is the South Carolina Human Affairs Law (S.C. Code Ann. § 1-13). This law mirrors federal law and applies to employers with 15 or more employees. An individual is considered disabled if they have a physical or mental impairment that substantially limits one or more major life activities, have a record of such impairment, or are regarded as having such impairment. These definitions align closely with the terms used in the Americans with Disabilities Act (ADA).
Under both South Carolina law and the ADA, employers must provide reasonable accommodations to qualified employees with disabilities, unless doing so would impose an undue hardship on their operations. Examples of accommodations include modifying work schedules, making facilities accessible, acquiring or modifying equipment, and job restructuring. There are no South Carolina-specific accommodation requirements that go beyond the federal ADA baseline.
Employees generally start the accommodation process by making a request—verbally or in writing—to their supervisor or HR department. While South Carolina law does not set unique documentation standards or set strict timelines, best practices drawn from the ADA recommend that employers engage promptly in a good-faith interactive process, clarify limitations and needs, and request only documentation that is relevant to the accommodation request. Employers should respond in a timely manner, typically within a few weeks, to prevent unnecessary delays.
Individuals who believe they were denied reasonable accommodation can file a complaint with the South Carolina Human Affairs Commission (SCHAC). SCHAC will investigate and may attempt mediation. If the agency finds discrimination, remedies may include back pay, reinstatement, or other equitable relief. Employers may also face civil penalties, orders to cease discriminatory practices, and periodic monitoring by SCHAC.
Managing accommodation requests under ADA baseline – no broader state-specific requirement can be tedious—multiple forms, interactive‑process deadlines, and cross‑department coordination all add complexity.
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Begin by clearly communicating your accommodation process to all team members. Train managers to recognize and escalate requests appropriately, even if made informally. Always keep communication open with the employee throughout the interactive process. Limit documentation requests to what is strictly necessary to assess the accommodation, as asking for extra information can lead to legal trouble. If you must deny a request, document the reasons for denial and explore alternative solutions where possible. Avoid common mistakes such as missing response windows or failing to follow up on requests.
