Draft:South Carolina Human Affairs Commission

The South Carolina Human Affairs Commission–commonly referred to as "SCHAC"–is an executive agency headquartered in Columbia, South Carolina that addresses claims of discrimination in employment, housing, public accommodations, and public services. The Commission has the authority to investigate, mediate, and adjudicate claims arising from anti-discrimination state laws. It also publishes data, provides compliance training, and engages in community outreach. Its mission statement is to "prevent and eliminate unlawful discrimination."

The Commission is a small agency with 47 full-time employees. The Equal Employment Opportunity Commission and the Department of Housing and Urban Development have work-sharing agreements with the Commission, allowing the Commission to handle claims that originate in South Carolina and filed under comparable federal laws, like the Americans with Disabilities Act, Fair Housing Act, Title VII of the Civil Rights Act of 1964, and the Age Discrimination in Employment Act.

Representative James E. Clyburn (D-SC) served as the first Commissioner, becoming the first black man to serve as the head of a state agency. He held that position until 1992.

History

In the wake of the Civil Rights Movement, President Lyndon B. Johnson signed the Civil Rights Act into law in 1964. Racial unrest continued, evidenced by the 1968 Orangeburg massacre. There, police killed three protesting students at South Carolina State University (a historically black institution). In response, the South Carolina General Assembly passed, and Governor John Carl West signed into law, the South Carolina Human Affairs Law (HAL) in 1972. The HAL created the Commission and tasked it with enforcing the HAL's new prohibitions against certain types of discrimination in employment. This included investigation, mediation, monitoring of employer practices, training employers, and implementing affirmative action policies in state agencies.

In 1989, the General Assembly passed, and Governor Carroll A. Campbell signed into law, the South Carolina Fair Housing Law (FHL). The FHL expanded the Commission's mission scope to include housing discrimination claims.

Authority

The Commission receives its authority from enabling acts passed by the South Carolina General Assembly. These are the South Carolina Human Affairs Law and the South Carolina Fair Housing Law, and the Equal Enjoyment and Privileges to Public Accommodations Act. These statutes, in turn, allow the Commission to promulgate enforceable rules. The South Carolina Administrative Procedures Act also applies to the Commission.

In general, the Commission has the necessary authority to handle a claim of discrimination from its initial filing to a final disposition. This includes "the authority to subpoena witnesses, issue orders, hold hearings, and enforce findings."

Divisions

Community Relations

The Community Relations Division also handles claims of discrimination in public accommodations. The Equal Enjoyment and Privileges to Public Accommodations Act of 1990 outlawed discrimination in public accommodations on the basis of race, color, religion, or national origin. "Public accommodations" are places like hotels, movie theaters, malls, restaurants, stadiums, and other recreational areas. The Commission is tasked with mediating (but not enforcing) these claims.

Employment

The founding mission of the Commission was to address discrimination in employment. This includes hiring, management, and firing decisions.

Fair Housing

The Commission received authority to handle housing discrimination claims in 1989, following the passage of the South Carolina Fair Housing Law. the FHL made is unlawful to refuse to sell or tent a dwelling on the basis of race, color, religion, sex, familial status, national origin, or handicapping condition [disability]. The law also prohibits such discrimination in terms and conditions of a rental or sale, threats based on a protected class, or retaliation for someone filing a fair housing claim.

Further Reading

South Carolina Human Affairs Commission: A History 1972-1997. Paul W. Beazley. Found online at: https://dc.statelibrary.sc.gov/server/api/core/bitstreams/5462ac27-d60d-46bc-b55f-7af642188870/content