§ 41-15-520 — Remedies of an employee charging discrimination.

South Carolina § 41-15-520

• Jurisdiction: South Carolina
• Title 41: LABOR AND EMPLOYMENT
• Ch. 15: OCCUPATIONAL HEALTH AND SAFETY

Text

A private sector employee believing that he has been discharged or otherwise discriminated against by any person in violation of Section 41-15-510 may, within thirty days after the violation occurs, file a complaint with the Director of the Department of Labor, Licensing and Regulation alleging the discrimination. Upon receipt of the complaint, the director shall within fifteen days forward the complaints that allege violations of Section 41-15-510 and violations of a federal statute other than 29 U.S.C.A. Section 660(c) to the United States Department of Labor Whistleblower Program. For other complaints, the director shall cause an investigation to be made as he deems appropriate. If upon such investigation the director determines the provisions of Section 41-15-510 have been violated, he shall institute an action in the appropriate court of common pleas against such person. In any such action the court of common pleas shall have jurisdiction for cause shown to restrain violations of Section 41-15-510 and order all appropriate relief including rehiring or reinstatement of the employee to his former position with back pay. A public sector employee believing that he has been discharged or otherwise discriminated against by any person in violation of Section 41-15-510 may proceed with a civil action pursuant to the provisions contained in Chapter 27, Title 8.

Legislative History

HISTORY: 1962 Code SECTION 40-453.3; 1973 (58) 379; 1993 Act No. 181, SECTION 977, eff February 1, 1994; 2011 Act No. 50, SECTION 1, eff June 14, 2011; 2012 Act No. 282, SECTION 1, eff June 29, 2012. Effect of Amendment The 1993 amendment substituted "Director of the Department of Labor, Licensing, and Regulation or his designee" for "Commissioner of Labor". The 2011 amendment rewrote the section. The 2012 amendment rewrote the section. ARTICLE 6 South Carolina Occupational Health and Safety Review Board [Repealed] SECTIONS 41-15-600 to 41-15-640. Repealed by 2008 Act No. 188, SECTION 3, eff January 1, 2009. Editor's Note Former SECTION 41-15-600 was entitled "Occupational Health and Safety Review Board created; appointment, terms and compensation of members; chairman; duties generally" and was derived from 1983 Act No. 113 SECTION 1; 1993 Act No. 181, SECTION 978, eff February 1, 1994. Former SECTION 41-15-610 was entitled "Hearings on citations, abatements and penalties; procedure; judicial review" and was derived from 1983 Act No. 113 SECTION 1; 1993 Act No. 181, SECTION 979, eff February 1, 1994. Former SECTION 41-15-615 was entitled "Individuals, partnerships, corporations, or other business entities authorized to appear pro se" and was derived from 1990 Act No. 457, SECTION 1, eff May 3, 1990. Former SECTION 41-15-620 was entitled "Personnel and facilities" and was derived from 1983 Act No. 113 SECTION 1; 1993 Act No. 181, SECTION 980, eff February 1, 1994. Former SECTION 41-15-630 was entitled "Witnesses; discovery" and was derived from 1983 Act No. 113 SECTION 1. Former SECTION 41-15-640 was entitled "Enforcement of witness attendance" and was derived from 1983 Act No. 113 SECTION 1.