South Carolina H 3160: Uniform Antidiscrimination Act

Bill Text

2025-2026 Bill 3160 Text of Previous Version (Dec. 06, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3160

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 
"UNIFORM ANTIDISCRIMINATION ACT" BY ADDING SECTION 31-21-65 SO AS TO PROHIBIT 
DISCRIMINATION IN HOUSING ON THE BASIS OF RACE, COLOR, OR NATIONAL ORIGIN, AND 
TO DEFINE A NECESSARY TERM; BY ADDING SECTION 45-9-11 SO AS TO PROHIBIT 
DISCRIMINATION IN PUBLIC ACCOMMODATIONS ON THE BASIS OF RACE, COLOR, OR 
NATIONAL ORIGIN, AND TO DEFINE A NECESSARY TERM; BY ADDING SECTION 59-63-41 SO 
AS TO PROHIBIT DISCRIMINATION IN CERTAIN SCHOOL OR SCHOOL ADMINISTRATIVE 
MATTERS ON THE BASIS OF RACE, COLOR, OR NATIONAL ORIGIN, TO DEFINE A NECESSARY 
TERM, AND TO LIMIT LIABILITY OF EDUCATION ORGANIZATIONS IN CERTAIN 
CIRCUMSTANCES; BY AMENDING SECTION 1-13-20, RELATING TO THE POLICY OF THE STATE 
HUMAN AFFAIRS COMMISSION, SO AS TO EXPAND THE DEFINITION OF "DISCRIMINATION"; 
BY AMENDING SECTION 1-13-30, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA 
HUMAN AFFAIRS LAW, SO AS TO CLARIFY A DEFINITION; BY AMENDING SECTION 1-13-80, 
RELATING TO UNLAWFUL EMPLOYMENT PRACTICES AND EXCEPTIONS UNDER THE SOUTH 
CAROLINA HUMAN AFFAIRS LAW, SO AS TO PROHIBIT DISCRIMINATION BY AN EMPLOYER ON 
THE BASIS OF AN INDIVIDUAL'S GENDER IDENTITY OR SEXUAL ORIENTATION, AND TO 
LIMIT THE LIABILITY OF COVERED EMPLOYERS IN CERTAIN CIRCUMSTANCES; AND BY 
AMENDING SECTION 1-32-60, RELATING TO APPLICABILITY AND CONSTRUCTION OF THE 
SOUTH CAROLINA RELIGIOUS FREEDOM ACT, SECTION 31-21-40, RELATING TO 
DISCRIMINATION IN RELATION TO SALE OR RENTAL OF PROPERTY UNDER THE SOUTH 
CAROLINA FAIR HOUSING LAW, SECTION 31-21-50, RELATING TO DISCRIMINATION IN 
RELATION TO MEMBERSHIP OR PARTICIPATION IN CERTAIN REALTOR SERVICES AND 
ORGANIZATIONS, SECTION 31-21-60, RELATING TO DISCRIMINATION IN RELATION TO 
RESIDENTIAL REAL ESTATE-RELATED TRANSACTIONS, SECTION 44-69-80, RELATING TO 
DISCRIMINATION BY HOME HEALTH AGENCIES ON CERTAIN BASES, SECTION 44-71-90, 
RELATING TO DISCRIMINATION BY HOSPICES ON CERTAIN BASES, AND SECTION 45-9-10, 
RELATING TO THE RIGHT TO EQUAL ENJOYMENT OF AND PRIVILEGES TO PUBLIC ACCOMMODATIONS, 
ALL SO AS TO MAKE CONFORMING CHANGES.

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

SECTION 1. This act may be cited as the "Uniform Antidiscrimination Act."

SECTION 2. Chapter 21, Title 31 of the S.C. Code is amended by 
adding:

 Section 
31-21-65. (A) For purposes of this 
section, "race, color, or national origin" include characteristics associated 
with race, color, and national origin including, but not limited to, skin 
color, facial features, hair texture, and natural hairstyles.

 (B) 
For purposes of applying the provisions of this chapter, it is unlawful and 
against public policy of this State to discriminate in matters involving 
housing on the basis of race, color, or national origin as defined in 
subsection (A).

SECTION 3. Article 1, Chapter 9, Title 45 of the S.C. Code is 
amended by adding:

 Section 
45-9-11. (A) For purposes of this 
section, "race, color, or national origin" includes characteristics associated 
with race, color, and national origin including, but not limited to, skin 
color, facial features, hair texture, and natural hairstyles.

 (B) For 
purposes of applying the provisions of this chapter, it is unlawful and against 
public policy of this State to discriminate in matters involving public 
accommodations on the basis of race, color, or national origin as defined in 
subsection (A).

SECTION 4. Article 1, Chapter 63, Title 59 of the S.C. Code is 
amended by adding:

 Section 
59-63-41. (A) For purposes this 
section, "race, color, or national origin" includes characteristics associated 
with race, color, and national origin, including, but not limited to, skin 
color, facial features, hair texture, and natural hairstyles.

 (B) In 
school or school administrative matters, based on a provision of law, policy, 
rule, or guideline applicable to the institution, it is unlawful and against 
the public policy of this State to discriminate on the basis of race, color, or 
national origin as defined in subsection (A) when applying a provision, policy, 
rule, or guideline.

 (C) An 
educational organization may not be held liable for unlawful race, color, or 
national origin discrimination where the organization demonstrates that the 
reasonable regulation of an impermissible characteristic is necessary to the 
health and safety of students and that the organization engages in good faith 
efforts to accommodate the student.

SECTION 5. Section 1-13-20 of the S.C. Code is amended to read:

 Section 
1-13-20. This chapter is an expression of the concern of the State for the 
promotion of harmony and the betterment of human af