Interviewing and Selecting Job Candidates: South Carolina

Federal law and guidance on this subject should be reviewed together with this section.

Author: Meryl Gutterman, Nukk-Freeman & Cerra, P.C.

Summary

• The South Carolina Human Affairs Law covers employers with 15 or more employees, as well as employment agencies and unions. See South Carolina Human Affairs Law.
• South Carolina law protects job applicants from certain types of inquiries that are considered discriminatory. Employers must be aware of these prohibitions when interviewing and selecting job candidates. See Preemployment Inquiries.
• Employers may consider prior criminal records when making employment decisions, but should note that a 2012 EEOC Enforcement Guidance also addresses the issue. See Arrest and Conviction Inquiries.
• An employer may not conduct a medical exam or make inquiries of a job applicant as to whether the applicant is an individual with a disability, or as to the nature or severity of the disability, unless the inquiry is shown to be job-related and consistent with business necessity. See Medical Inquiries and Testing.
• The South Carolina Illegal Immigration and Reform Act provides that, once a job candidate is selected, the employer must verify the legal status of the new employee. The law also requires that all employers enroll in the US Department of Homeland Security's E-Verify system. See E-Verify.
• Columbia has local requirements pertaining to interviewing and selecting job candidates. See Local Requirements.