H 4960 General Bill, By Long, Erickson, Funderburk, Munnerlyn, Douglas, McCoy, 
George, Williams, W.J. McLeod, Branham, R.L. Brown, Robinson-Simpson, Spires, 
Gilliard, Allison, Dillard, Felder, Hardee, Hayes, Henderson, Hodges, Norrell, 
J.E. Smith, Taylor and Weeks
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 8-1-165 SO AS TO PROVIDE THAT IT IS NOT AN UNLAWFUL PRACTICE FOR STATE
 AGENCIES OR POLITICAL SUBDIVISIONS OF THE STATE TO APPLY DIFFERENT STANDARDS
 OF COMPENSATION OR DIFFERENT TERMS, CONDITIONS, OR PRIVILEGES OF EMPLOYMENT
 PURSUANT TO A BONA FIDE SENIORITY OR MERIT SYSTEM, OR A SYSTEM WHICH MEASURES
 EARNINGS BY QUANTITY OR QUALITY OF PRODUCTION, OR TO EMPLOYEES WHO WORK IN
 DIFFERENT LOCATIONS, PROVIDED THAT THE DIFFERENCES ARE NOT THE RESULT OF AN
 INTENTION TO DISCRIMINATE BECAUSE OF RACE, COLOR, RELIGION, NATIONAL ORIGIN,
 SEX, DISABILITY, OR AGE; AND TO PROVIDE THAT IT IS NOT AN UNLAWFUL PRACTICE
 FOR A STATE AGENCY OR POLITICAL SUBDIVISION OF THE STATE TO GIVE AND TO ACT
 UPON THE RESULTS OF A PROFESSIONALLY DEVELOPED ABILITY TEST, PROVIDED THAT THE
 TEST, ITS ADMINISTRATION, OR ACTION UPON THE RESULTS OF THE TEST ARE NOT
 DESIGNED, INTENDED, OR USED TO DISCRIMINATE BECAUSE OF RACE, COLOR, RELIGION,
 NATIONAL ORIGIN, SEX, DISABILITY, OR AGE; AND BY ADDING SECTION 41-1-25 SO AS
 TO PROVIDE THAT IT IS NOT AN UNLAWFUL PRACTICE FOR AN EMPLOYER TO APPLY
 DIFFERENT STANDARDS OF COMPENSATION OR DIFFERENT TERMS, CONDITIONS, OR
 PRIVILEGES OF EMPLOYMENT PURSUANT TO A BONA FIDE SENIORITY OR MERIT SYSTEM, OR
 A SYSTEM WHICH MEASURES EARNINGS BY QUANTITY OR QUALITY OF PRODUCTION, OR TO
 EMPLOYEES WHO WORK IN DIFFERENT LOCATIONS, PROVIDED THAT THE DIFFERENCES ARE
 NOT THE RESULT OF AN INTENTION TO DISCRIMINATE BECAUSE OF RACE, COLOR,
 RELIGION, NATIONAL ORIGIN, SEX, DISABILITY, OR AGE; AND TO PROVIDE THAT IT IS
 NOT AN UNLAWFUL PRACTICE FOR AN EMPLOYER TO GIVE AND TO ACT UPON THE RESULTS
 OF A PROFESSIONALLY DEVELOPED ABILITY TEST, PROVIDED THAT THE TEST, ITS
 ADMINISTRATION, OR ACTION UPON THE RESULTS OF THE TEST ARE NOT DESIGNED,
 INTENDED, OR USED TO DISCRIMINATE BECAUSE OF RACE, COLOR, RELIGION, NATIONAL
 ORIGIN, SEX, DISABILITY, OR AGE.

   03/25/14  House  Introduced and read first time (House Journal-page 14)
   03/25/14  House  Referred to Committee on Judiciary
                     (House Journal-page 14)

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-1-165 SO AS TO PROVIDE THAT IT IS NOT AN UNLAWFUL PRACTICE FOR STATE AGENCIES OR POLITICAL SUBDIVISIONS OF THE STATE TO APPLY DIFFERENT STANDARDS OF COMPENSATION OR DIFFERENT TERMS, CONDITIONS, OR PRIVILEGES OF EMPLOYMENT PURSUANT TO A BONA FIDE SENIORITY OR MERIT SYSTEM, OR A SYSTEM WHICH MEASURES EARNINGS BY QUANTITY OR QUALITY OF PRODUCTION, OR TO EMPLOYEES WHO WORK IN DIFFERENT LOCATIONS, PROVIDED THAT THE DIFFERENCES ARE NOT THE RESULT OF AN INTENTION TO DISCRIMINATE BECAUSE OF RACE, COLOR, RELIGION, NATIONAL ORIGIN, SEX, DISABILITY, OR AGE; AND TO PROVIDE THAT IT IS NOT AN UNLAWFUL PRACTICE FOR A STATE AGENCY OR POLITICAL SUBDIVISION OF THE STATE TO GIVE AND TO ACT UPON THE RESULTS OF A PROFESSIONALLY DEVELOPED ABILITY TEST, PROVIDED THAT THE TEST, ITS ADMINISTRATION, OR ACTION UPON THE RESULTS OF THE TEST ARE NOT DESIGNED, INTENDED, OR USED TO DISCRIMINATE BECAUSE OF RACE, COLOR, RELIGION, NATIONAL ORIGIN, SEX, DISABILITY, OR AGE; AND BY ADDING SECTION 41-1-25 SO AS TO PROVIDE THAT IT IS NOT AN UNLAWFUL PRACTICE FOR AN EMPLOYER TO APPLY DIFFERENT STANDARDS OF COMPENSATION OR DIFFERENT TERMS, CONDITIONS, OR PRIVILEGES OF EMPLOYMENT PURSUANT TO A BONA FIDE SENIORITY OR MERIT SYSTEM, OR A SYSTEM WHICH MEASURES EARNINGS BY QUANTITY OR QUALITY OF PRODUCTION, OR TO EMPLOYEES WHO WORK IN DIFFERENT LOCATIONS, PROVIDED THAT THE DIFFERENCES ARE NOT THE RESULT OF AN INTENTION TO DISCRIMINATE BECAUSE OF RACE, COLOR, RELIGION, NATIONAL ORIGIN, SEX, DISABILITY, OR AGE; AND TO PROVIDE THAT IT IS NOT AN UNLAWFUL PRACTICE FOR AN EMPLOYER TO GIVE AND TO ACT UPON THE RESULTS OF A PROFESSIONALLY DEVELOPED ABILITY TEST, PROVIDED THAT THE TEST, ITS ADMINISTRATION, OR ACTION UPON THE RESULTS OF THE TEST ARE NOT DESIGNED, INTENDED, OR USED TO DISCRIMINATE BECAUSE OF RACE, COLOR, RELIGION, NATIONAL ORIGIN, SEX, DISABILITY, OR AGE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Chapter 1, Title 8 of the 1976 Code is amended by adding:

"Section 8-1-165.    (A)    It is not an unlawful practice for a state agency or political subdivision of the state to apply different standards of compensation or different terms, conditions, or privileges of employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production, or to employees who work in different locations, provided that the differences are not the result of an intention to discriminate because of race, color, religion, national origin, sex, disability, or age.

(B)    It is not an unlawful practice for a state agency to give and to act upon the results of a professionally developed ability test, provided that the test, its administration, or action upon the results of the test are not designed, intended, or used to discriminate because of race, color, religion, national origin, sex, disability, or age."

SECTION    2.    Chapter 1, Title 41 of the 1976 Code is amended by adding:

"Section 41-1-25.    (A)    It is not an unlawful practice for an employer to apply different standards of compensation or different terms, conditions, or privileges of employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production, or to employees who work in different locations, provided that the differences are not the result of an intention to discriminate because of race, color, religion, national origin, sex, disability, or age.

(B)    It is not an unlawful practice for an employer to give and to act upon the results of a professionally developed ability test, provided that the test, its administration, or action upon the results of the test are not designed, intended, or used to discriminate because of race, color, religion, national origin, sex, disability, or age."

SECTION    3.    This act takes effect upon approval by the Governor.