South Carolina General Assembly
105th Session, 1983-1984

Bill 394


                    Current Status

Bill Number:               394
Ratification Number:       209
Act Number                 124
Introducing Body:          Senate
Subject:                   Handicapped Bill Of Rights
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A124, R209, S394)

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.