Assistance Animals In South Carolina
Employment
People may contact the federal Equal Employment Opportunity Commission (EEOC) or the South Carolina Human Affairs Commission (SCHAC) for violation of employment rights under the ADA. The EEOC and SCHAC both address complaints about employment discrimination. Either the EEOC or SCHAC may direct a person or company to comply with the law or take them to court.
Before people can sue an employer in court, they must have filed an administrative charge with SCHAC or the EEOC and let them investigate. See Disability Rights South Carolina Fact Sheet Reasonable Accommodations and Your Rights as an Employee. A complaint about employment discrimination should be filed within 180 days. This time is extended to 300 days in states like South Carolina with state laws on employment discrimination. However, filing in 180 days is recommended.
Housing
The South Carolina Fair Housing Act, South Carolina Code § 31-21-10 and following, also protects people with disabilities using Assistance Animals. You may file an action in civil court. Or you may reach out to the South Carolina Human Affairs Commission. SCHAC enforces state fair housing law. Contact SCHAC to file a complaint. You may also contact the US Department of Housing and Urban Development for housing issues.
ADA Public Places/State and Local Governments
For information on enforcing rights against public places operated by private entities, see Disability Rights South Carolina ADA Title III fact sheet. If your problem is with a state or local government, see the ADA Title II fact sheet.
Other Enforcement Actions
In South Carolina, interference with a Service Animal is a crime (misdemeanor) SC Code § 47-3-930 (Layla’s Law). It is unlawful in South Carolina for anyone:
- Who has received notice that their behavior is interfering with the use of a Service Animal to continue behavior which obstructs or interferes with the safety of the Service Animal or its user.
- To allow their dog to obstruct or intimidate or jeopardize the safety of a Service Animal or its user.
- Take control over a Service Animal or deprive the owner of its use.
A Service Dog owner who has been affected should contact local police to file a criminal complaint. It will then be up to the local police/solicitor whether to go to court.
A convicted person can be ordered to make full restitution, including the cost of the animal’s medical expenses or replacement. Penalties include fines and imprisonment.
Separately, South Carolina law (SC Code § 43-33-530 South Carolina separately protects the rights of physically disabled persons. See SC Code sections 43-33-10 and following which broadly prohibit disability discrimination in housing, use of public accommodations and public services. Any person with a disability who has suffered discrimination has a right to sue to stop the discrimination and to seek up to $5000 damages, plus attorney fees and costs (SC Code of Laws § 43-33-540).