South Carolina S 368: Diversity, Equity, and Inclusion

Bill Text

2025-2026 Bill 368 Text of Previous Version (Feb. 20, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 368

Indicates Matter Stricken
Indicates New Matter

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

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE 
"ENDING ILLEGAL DISCRIMINATION AND RESTORING MERIT-BASED OPPORTUNITY ACT" BY 
ADDING ARTICLE 29 TO CHAPTER 1, TITLE 1 SO AS TO PROHIBIT EVERY OFFICE, DIVISION, 
OR OTHER UNIT BY ANY NAME OF EVERY OFFICE OR DEPARTMENT OF THIS STATE, AND ALL 
OF ITS POLITICAL SUBDIVISIONS, INCLUDING ALL INSTITUTIONS OF HIGHER LEARNING 
AND SCHOOL DISTRICTS, FROM PROMOTING DIVERSITY, EQUITY, AND INCLUSION, AND TO 
PROVIDE EXCEPTIONS; TO PROMOTE INDIVIDUAL INITIATIVE, EXCELLENCE, AND HARD 
WORK; AND TO SPECIFY APPLICABILITY.

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

SECTION 1. This act may be cited as the "Ending Illegal Discrimination and 
Restoring Merit-Based Opportunity Act."

SECTION 2. Chapter 1, Title 1 of the S.C. Code is amended by 
adding:

Article 29

Diversity, Equity, and Inclusion

 Section 
1-1-1910. (A) As used in this 
section, promoting "diversity, equity, and inclusion" means any attempt or 
effort to:

 (1) 
influence hiring or employment practices with respect to race, sex, color, 
ethnicity, gender, or sexual orientation other than through the use of 
color-blind and sex-neutral hiring processes in accordance with any applicable 
state and federal antidiscrimination laws;

 (2) 
promote differential treatment of or providing special benefits to individuals 
on the basis of race, sex, color, ethnicity, gender, or sexual orientation;

 (3) 
promote policies or procedures designed or implemented in reference to race, sex, 
color, ethnicity, gender, or sexual orientation for any purpose other than 
ensuring compliance with any applicable court order or state or federal law; or

 (4) 
conduct trainings, programs, or activities designed or implemented in reference 
to race, sex, color, ethnicity, gender, or sexual orientation, other than 
trainings, programs, or activities developed for the sole purpose of ensuring 
compliance with any applicable court order or state or federal law.

 (B) Except 
as required by federal law, every office, division, or other unit by any name 
of every office or department of this State, and all of its political 
subdivisions, including all institutions of higher learning and school 
districts, is prohibited from:

 (1) 
establishing or maintaining an office or division or other unit by any name 
whose purpose, in whole or in part, is the promotion of diversity, equity, and 
inclusion;

 (2) 
hiring or assigning an employee or contracting with a third party to promote 
diversity, equity, and inclusion;

 (3) 
compelling, requiring, inducing, or soliciting any person to provide a 
diversity, equity, and inclusion statement or give preferential consideration 
to any person based on the provision of a diversity, equity, and inclusion 
statement;

 (4) 
giving preference on the basis of race, sex, color, ethnicity, gender, or sexual 
orientation to an applicant for employment, an employee, or a participant in 
any function of the office or department; or

 (5) 
requiring as a condition of enrolling at an institution or performing any 
institution function any person to participate in diversity, equity, and 
inclusion training, that:

 (a) 
includes a training, program, or activity designed or implemented in reference 
to race, sex, color, ethnicity, gender, or sexual orientation; and

 (b) 
does not include a training, program, or activity for the sole purpose of 
ensuring compliance with any applicable court order or state or federal law.

 (C) Every 
office, division, or other unit by any name of every office or department of 
this State, and all of its political subdivisions, including all institutions 
of higher learning and school districts, shall adopt policies and procedures 
for appropriately disciplining, including by termination, an employee or 
contractor who violates the provisions of subsection (B).

 (D) Nothing 
in this section may be construed to limit or prohibit an institution of higher 
education or an employee of an institution of higher education from, for 
purposes of applying for a grant or complying with the terms of accreditation 
by an accrediting agency, submitting to the grantor or accrediting agency a 
statement that:

 (1) 
highlights the institution's work in supporting:

 (a) 
first-generation college students;

 (b) 
low-income students; or

 (c) 
underserved student populations; or

 (2) 
certifies compliance with state and federal antidiscrimination laws.

 (E) For 
purposes of an institution of higher learning, nothing in subsection (B) may be 
construed to apply to:

 (1) 
academic course instruction;

 (2) 
scholarly research or a creative work