S*0394(Rat #0209, Act #0124 of 1983)  General Bill, By H.E. McDonald, C.G. Poag and 
N.C. Russell

Similar(H 2862)
 A Bill to establish a "Bill of Rights for Handicapped Persons" by guaranteeing
 the handicapped the opportunity to obtain employment, housing, full and equal
 use of public accommodations, public services, and to make use of educational
 facilities without discrimination, to prohibit certain discrimination without
 reasonable justification against the handicapped, to define "handicap" and
 "handicapped" for the purposes of the Act, to provide certain remedies in
 cases of discrimination against the handicapped, and to provide that employers
 who are contractors or subcontractors and subject thereby to Federal Law
 governing discrimination in employment are exempt from the provisions of this
 Act.-amended title

   03/29/83  Senate Introduced and read first time SJ-833
   03/29/83  Senate Referred to Committee on Medical Affairs SJ-833
   04/05/83  Senate Committee report: Favorable Medical Affairs SJ-918
   04/27/83  Senate Amended SJ-1142
   04/27/83  Senate Read second time SJ-1143
   04/28/83  Senate Read third time and sent to House SJ-1163
   05/02/83  House  Introduced and read first time HJ-2486
   05/02/83  House  Referred to Committee on Judiciary HJ-2486
   05/18/83  House  Recalled from Committee on Judiciary HJ-2947
   05/25/83  House  Debate adjourned HJ-3080
   05/26/83  House  Debate adjourned until Wednesday, June 1, 1983 HJ-315
   06/01/83  House  Amended HJ-3331
   06/01/83  House  Objection by Rep. Simpson, Thrailkill, Sheppard &
                     Klapman HJ-3333
   06/02/83  House  Objection withdrawn by Rep. Klapman, Simpson &
                     Thrailkill HJ-3419
   06/02/83  House  Objection by Rep. Sheppard HJ-3444
   06/02/83  House  Amended HJ-3471
   06/02/83  House  Read second time HJ-3472
   06/02/83  House  Reconsidered HJ-3495
   06/02/83  House  Amended HJ-3495
   06/02/83  House  Read second time HJ-3495
   06/07/83  House   Read third time HJ-3520
   06/07/83  House  Returned HJ-3520
   06/07/83  Senate House amendment amended SJ-1909
   06/07/83  Senate Returned SJ-1909
   06/08/83  House  Non-concurrence in Senate amendment HJ-3604
   06/08/83  Senate Senate insists upon amendment and conference
                     committee appointed Wise, Poag, H. McDonald SJ-1973
   06/08/83  House  Conference committee appointed Hearn, Day, &
                     Miles HJ-3621
   06/09/83  House  Free conference powers granted HJ-3644
   06/09/83  House  Free conference committee appointed Hearn, Day, &
                     Mile HJ-3645
   06/09/83  House  Free conference report received HJ-3645
   06/09/83  House  Free conference report adopted HJ-3647
   06/09/83  Senate Free conference powers granted SJ-1997
   06/09/83  Senate Free conference committee appointed H. McDonald,
                     Wise, Poag SJ-1997
   06/09/83  Senate Free conference report received SJ-1997
   06/09/83  Senate Free conference report adopted SJ-1999
   06/09/83  House  Ordered enrolled for ratification HJ-3648
   06/10/83         Ratified R 209
   06/13/83         Signed By Governor
   06/13/83         Effective date 06/13/83
   06/13/83         Act No. 124
   06/21/83         Copies available

AN ACT TO ESTABLISH A "BILL OF RIGHTS FOR HANDICAPPED PERSONS" BY GUARANTEEING THE HANDICAPPED THE OPPORTUNITY TO OBTAIN EMPLOYMENT, HOUSING, FULL AND EQUAL USE OF PUBLIC ACCOMMODATIONS, PUBLIC SERVICES, AND TO MAKE USE OF EDUCATIONAL FACILITIES WITHOUT DISCRIMINATION, TO PROHIBIT CERTAIN DISCRIMINATION WITHOUT REASONABLE JUSTIFICATION AGAINST THE HANDICAPPED, TO DEFINE "HANDICAP" AND "HANDICAPPED" FOR PURPOSES OF THE ACT, TO PROVIDE CERTAIN REMEDIES IN CASES OF DISCRIMINATION AGAINST THE HANDICAPPED, AND TO PROVIDE THAT EMPLOYERS WHO ARE CONTRACTORS OR SUBCONTRACTORS AND SUBJECT THEREBY TO FEDERAL LAW GOVERNING DISCRIMINATION IN EMPLOYMENT ARE EXEMPT FROM THE PROVISIONS OF THIS ACT.

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

Act may be cited

SECTION 1. This act may be cited as the South Carolina Bill of Rights for Handicapped Persons.

Handicapped guaranteed opportunities

SECTION 2. The opportunity to obtain employment, housing, full and equal use of public accommodations, public services, and to make use of educational facilities without discrimination because of a handicap is guaranteed by this act and is a civil right.

Persons may not discriminate

SECTION 3. No person may discriminate against a handicapped person with respect to employment, public accommodations, public services, or housing without reasonable justification. No protections or right of access provided by law for handicapped persons are reduced or eliminated by the provisions of this section.

Injunctive relief

SECTION 4. A handicapped person aggrieved by the discrimination prohibited by this act has the right to seek injunctive relief or civil damages, not to exceed five thousand dollars actual damages, plus his attorney's fee and costs, in the court of common pleas.

Jurisdiction

SECTION 5. Jurisdiction over complaints of employment discrimination in violation of this act is vested with the State Human Affairs Commission, and complaints brought hereunder shall be processed and investigated in accordance with Chapter 13 of Title 1 of the 1976 Code. Employment discrimination shall be an unlawful employment practice as prescribed therein and the provisions, procedures, and remedies of Chapter 13 of Title 1 shall apply to such unlawful employment practice.

Definitions

SECTION 6. Notwithstanding the provisions of Section 2-7-35 of the 1976 Code, the terms "handicap" and "handicapped" as used in this act mean a substantial physical or mental impairment, whether congenital or acquired by accident, injury, or disease, where the impairment is verified by medical findings and appears reasonably certain to continue throughout the lifetime of the individual without substantial improvement, but, with respect to employment, which is unrelated to the individual's ability to engage in a particular job or occupation. This does not include any individual who is an alcohol, drug, narcotic, or other substance abuser, or who is only regarded as being handicapped. The term "mental impairment" shall not include mental illness.

Definition

SECTION 7. For purposes of this act, "reasonable justification" means, in the context of employment, that the handicapped person's mental and physical limitation interferes with the performance of the work involved. Reasonable justification in the context of employment, housing, and public services shall be determined in light of the following factors, among others: (1) safety; (2) efficiency; and (3) cost. An employer's determination that reasonable justification exists will be given substantial deference unless the determination is made to circumvent the purpose of this law.

Certain employers exempt

SECTION 8. Employers who are contractors or subcontractors and subject thereby to federal law governing discrimination in employment are exempt from the provisions of this act.

Time effective

SECTION 9. This act shall take effect upon approval by the Governor.