South Carolina General Assembly
119th Session, 2011-2012

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A282, R324, S1340

STATUS INFORMATION

General Bill
Sponsors: Senators Malloy and Knotts
Document Path: l:\s-jud\bills\malloy\jud0173.jjg.docx

Introduced in the Senate on March 14, 2012
Introduced in the House on April 24, 2012
Passed by the General Assembly on June 27, 2012
Governor's Action: June 29, 2012, Signed

Summary: Remedies for employees alleging discrimination

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   3/14/2012  Senate  Introduced and read first time (Senate Journal-page 10)
   3/14/2012  Senate  Referred to Committee on Labor, Commerce and Industry 
                        (Senate Journal-page 10)
   4/17/2012  Senate  Committee report: Favorable Labor, Commerce and Industry 
                        (Senate Journal-page 9)
   4/18/2012          Scrivener's error corrected
   4/18/2012  Senate  Read second time (Senate Journal-page 33)
   4/18/2012  Senate  Roll call Ayes-43  Nays-0 (Senate Journal-page 33)
   4/19/2012  Senate  Read third time and sent to House 
                        (Senate Journal-page 19)
   4/24/2012  House   Introduced and read first time (House Journal-page 19)
   4/24/2012  House   Referred to Committee on Labor, Commerce and Industry 
                        (House Journal-page 19)
   5/24/2012  House   Committee report: Favorable Labor, Commerce and Industry 
                        (House Journal-page 3)
   5/25/2012          Scrivener's error corrected
   5/30/2012  House   Read second time (House Journal-page 59)
   5/30/2012  House   Roll call Yeas-107  Nays-0 (House Journal-page 59)
   5/31/2012  House   Debate adjourned until Tues., 06-05-12 
                        (House Journal-page 38)
    6/5/2012  House   Debate adjourned until Tues., 06-06-12 
                        (House Journal-page 59)
    6/6/2012  House   Debate adjourned until Thur., 06-07-12 
                        (House Journal-page 34)
    6/7/2012  House   Debate adjourned (House Journal-page 15)
   6/27/2012  House   Read third time and enrolled (House Journal-page 5)
   6/28/2012          Ratified R 324
   6/29/2012          Signed By Governor
   7/17/2012          Effective date 06/29/12
   7/17/2012          Act No. 282

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

3/14/2012
4/17/2012
4/18/2012
5/24/2012
5/25/2012


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A282, R324, S1340)

AN ACT TO AMEND SECTION 41-15-520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REMEDIES OF AN EMPLOYEE ALLEGING DISCRIMINATION, SO AS TO PROVIDE PROCEDURES THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION SHALL FOLLOW UPON RECEIPT OF A COMPLAINT ALLEGING DISCRIMINATION.

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

Remedies of an employee charging discrimination

SECTION    1.    Section 41-15-520 of the 1976 Code, as last amended by Act 50 of 2011, is further amended to read:

"Section 41-15-520.    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."

Time effective

SECTION    2.    This act takes effect upon approval by the Governor.

Ratified the 28th day of June, 2012.

Approved the 29th day of June, 2012.

__________


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