South Carolina - Ban-The-Box & Fair Hiring Laws By State

South Carolina

Updated on 24 Jul 2020

Ban-The-Box & Fair Hiring Laws By State

We update this overview of ban-the-box rules often. But laws change quickly, and we cannot guarantee all information is current. Always consult your attorney for legal advice.

Guidance

Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

COUNTY LAWS

AIKEN, SC – PUBLIC SECTOR

Who must follow: This ban-the-box law applies city government jobs in in Aiken, South Carolina.

Timing of inquiry: An employer may not inquire into a candidate’s criminal history on an initial employment application.

Adverse action implications: None

COLUMBIA, SC – CITY OF COLUMBIA

Who must follow: This ban-the-box law applies to the City of Columbia as a municipal corporation.

Timing of inquiry:

Background checks may only be conducted if the City has made a good faith determination that the position is of such sensitivity that a background check is warranted, or if the background check is required by law.
An inquiry into an applicant’s criminal history may only occur after the applicant has received a conditional offer letter, a notice of their rights under this ordinance, and a request for authorization to conduct a background check.
The City may not inquire into an applicant’s conviction history on a job application.

Record limitations:

The City may not consider or access records of arrest not followed by a conviction; sealed, dismissed, or expunged convictions; misdemeanor convictions where no jail sentence can be imposed, or infractions.

Adverse action implications:

The City may only consider job-related convictions. If statute requires that certain convictions are automatic bars to employment, then those convictions may be considered as well.
Before taking an adverse action based on an applicant’s conviction history, the City must:
- Identify the conviction item(s) that are the basis for the potential adverse action
- Provide a copy of the background check
- Provide examples of mitigation or rehabilitation evidence that the applicant may voluntarily provide
- Provide the applicant with an individualized assessment
A job-related conviction may not be the basis for adverse action if the applicant can show evidence of mitigation or rehabilitation and present fitness to perform the duties of the position.
The applicant has 10 business days after the pre-adverse action notice is issued to respond.
The City must hold the position open until it makes the final employment decision based on an individualized assessment of the information submitted by the applicant and the factors recommended by the EEOC.
Before making a final adverse employment decision, the applicant must be informed of the final decision and that they may be eligible for other positions.

SEE ORDINANCE

RICHLAND COUNTY, SC – PUBLIC SECTOR – COUNTY JOBS

Who must follow: This ban-the-box law applies only to public sector county employers in Richland County, South Carolina.

Timing of inquiry: Public sector county employers may not inquire into a candidate’s criminal history on an initial employment application.

Adverse action implications: None

SPARTANBURG, SC – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for the city of Spartanburg, SC.

Timing of inquiry: Public sector employers for Spartanburg may not inquire into criminal history on the job application.

Adverse action implications: None

SEE LAW

YORK COUNTY, SC – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for York County, SC.

Timing of inquiry: Public sector employers for York County may only inquire into criminal history after a conditional offer of employment.

Adverse action implications: None

SEE LAW