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What You Need to Know About Sexual Harassment at Work

Written by Cromer Babb on April 11, 2025. Posted in Employment Law, Equal Employment Opportunity Commission, Harassment and Sexual Harassment, Miscellaneous. Leave a Comment

What counts as sexual harassment at work?

Sexual harassment includes unwelcome comments, actions, or behavior based on sex. It can be verbal, physical, or visual, and can create a hostile or offensive work environment.

Does sexual harassment have to be physical?

No. It can be verbal (like inappropriate jokes or comments) or nonverbal (like suggestive looks or gestures).

What should I do if I’m being sexually harassed by a coworker?

Report it to your supervisor, HR department, or follow your company’s complaint procedure. Keeping a record of what happened can also help.

Can my boss fire me for reporting sexual harassment?

No. Retaliation for reporting harassment is illegal. You have protections under South Carolina and federal law.

What if the harassment happens outside of work hours?

If it’s connected to work — like at a company event or between coworkers — it can still be considered workplace harassment.

How long do I have to file a claim of sexual harassment?

In South Carolina you have 300 days from the date of harassment to file a charge with the EEOC, but acting sooner is better.

What if the person harassing me is a client or customer?

Employers are still responsible for protecting employees from harassment by clients, vendors, or customers.

Can sexual harassment happen to men too?

Yes. Harassment can happen to anyone, regardless of gender.

What should an employer do if someone reports sexual harassment?

They should take the complaint seriously, investigate promptly, and take steps to stop the harassment if it’s happening.

Can I be punished for supporting a coworker’s harassment claim?

No. Retaliating against someone for reporting or supporting a claim is illegal.

Is one comment or incident enough to be harassment?

Sometimes. If the incident is severe enough (like assault), one incident can be considered harassment. Otherwise, harassment is often judged based on repeated behavior.

Does Cromer Babb and Porter handle sexual harassment?

Yes, we do. Please use our inquiry form here. You can also give us a call at (803) 799-9530 or email info@cromerbabb.com

Employment Law, FAQ, Sexual Harassment

New Updates on Workplace Discrimination Laws: What It Means for You

Written by Cromer Babb on January 24, 2025. Posted in Discrimination, Employment Law, Equal Employment Opportunity Commission, Miscellaneous. Leave a Comment

Recent news reports highlight that former President Donald Trump revoked a decades-old executive order signed by President Lyndon B. Johnson. This order, known as Executive Order 11246, had long been a cornerstone in strengthening protections against workplace discrimination for federal contractors and subcontractors. Its provisions required affirmative action to promote equal employment opportunities and prohibited discrimination based on race, color, religion, sex, or national origin.

This change raises significant concerns about the potential implications for workers, particularly those in marginalized communities. By removing these enhanced protections, the door may open to less oversight in ensuring equitable hiring, promotion, and workplace practices within federally contracted organizations. Workers may face increased challenges in holding employers accountable for discriminatory actions.

At Cromer Babb Porter, LLC, we are deeply committed to advocating for workers’ rights and ensuring that employees are treated fairly under the law. While the revocation of this executive order may impact the workplace protections available to some workers, it does not eliminate all legal recourse. Federal laws like Title VII of the Civil Rights Act of 1964 continue to provide critical safeguards against discrimination in employment. Additionally, state laws in South Carolina and North Carolina may offer further protections depending on the specific circumstances of your case.

Key Agencies in Employment Law: What You Need to Know

Written by Cromer Babb on January 10, 2025. Posted in Employment Law, Equal Employment Opportunity Commission, Miscellaneous, Occupational Safety and Health Administration. Leave a Comment

Navigating employment law can be complex, especially when dealing with the various agencies that oversee workplace rights and regulations. For employees and employers in South Carolina and North Carolina, understanding these key players is essential. Below, we’ve outlined the primary agencies you might encounter and what they handle.

Equal Employment Opportunity Commission (EEOC)

What It Is: A federal agency tasked with enforcing laws against workplace discrimination.
What They Handle:
- Claims of discrimination based on race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability, or genetic information.
- Investigations into workplace harassment or retaliation claims.
South Carolina and North Carolina Focus: Employees can file discrimination complaints with the EEOC online, by mail, or at their nearest office. The EEOC often works in conjunction with state-level agencies.

South Carolina Human Affairs Commission (SCHAC)

What It Is: South Carolina’s state-level agency that enforces anti-discrimination laws.
What They Handle:
- Discrimination complaints against state employers and private employers in conjunction with and as a partner to the EEOC.
- Mediating workplace disputes and educating businesses about compliance.
South Carolina Focus: SCHAC serves as a vital resource for individuals who experience workplace discrimination but prefer to address it at the state level.

National Labor Relations Board (NLRB)

What It Is: A federal agency that enforces laws related to collective bargaining and union activities.
What They Handle:
- Protecting employees’ rights to organize, form, or join unions.
- Investigating claims of unfair labor practices by employers or unions.
South Carolina and North Carolina Focus: While both states are “right-to-work” states, meaning employees cannot be forced to join a union, the NLRB still ensures fair labor practices in workplaces with union activity.

Occupational Safety and Health Administration (OSHA)

What It Is: A federal agency that ensures safe and healthy working conditions.
What They Handle:
- Investigating workplace safety complaints.
- Setting and enforcing safety standards.
- Providing training and resources to employers and employees.
South Carolina and North Carolina Focus: South Carolina operates its own OSHA-approved state plan (SC OSHA), while North Carolina has its own state plan (NC OSHA). Both plans mirror federal standards but also address state-specific workplace safety concerns.

South Carolina Department of Employment and Workforce (SC DEW)

What It Is: A state agency managing unemployment benefits and workforce development.
What They Handle:
- Processing unemployment claims for individuals who have lost their jobs through no fault of their own.
- Offering job training and placement services.
South Carolina Focus: SC DEW plays a significant role in helping employees transition after job loss and ensuring compliance with unemployment insurance laws.

U.S. Department of Labor (DoL)

What It Is: A federal agency overseeing various workplace laws and regulations.
What They Handle:
- Enforcing wage and hour laws, such as the Fair Labor Standards Act (FLSA).
- Regulating family and medical leave under the Family and Medical Leave Act (FMLA).
- Monitoring workplace compliance with federal standards.
South Carolina and North Carolina Focus: The DoL works closely with state agencies to address wage disputes, overtime violations, and other federal workplace issues.

Why Understanding These Agencies Matters

Whether you’re an employee seeking to protect your rights or an employer striving to maintain compliance, knowing which agency to turn to can save time and frustration. Each agency serves a unique role, and understanding their responsibilities ensures you’re directing your concerns to the right place.

Need more guidance? Our firm is here to help. We advocate for workers across North and South Carolina, navigating these agencies to achieve the best outcomes for our clients.

Chevron is Out of Gas: What the SCOTUS Decision in Loper Bright Enterprises Means for Employees

Written by Cromer Babb on July 10, 2024. Posted in Employment Law, Equal Employment Opportunity Commission. Leave a Comment

By: Law Clerk Elizabeth Ropp, Edited by Attorney J. Paul Porter

For the past 40 years, Federal Agencies have wielded growing power over the day-to-day lives of American citizens. This growth is partially attributable to the 1984 ruling in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. Under the Chevron doctrine, courts gave deference to administrative agencies’ interpretations of congressional statutes. In practice, this allowed agencies to define and enforce (and arguably create) the law.

On June 28, 2024, the Supreme Court reversed this precedent in its decision in Loper Bright Enterprises v. Raimondo.

Before this landmark decision, when faced with a question of agency interpretation, courts asked two questions under the Chevron doctrine: (1) whether the statute is ambiguous and, if so, (2) whether the agency’s interpretation is reasonable. If the answer was ‘yes’ to both of these questions, courts ruled in favor of the agency’s interpretation. Now, the Supreme Court has eliminated this two-step test and instead, has weakened agency power by vesting itself with the sole discretion to say what the law is in the face of congressional ambiguity.

So, what does this mean in the context of labor and employment law? Right now, there are pending lawsuits that challenge rules and regulations promulgated by the Department of Labor, Equal Employment Opportunity Commission, Federal Trade Commission, National Labor Relations Board, and the Occupational Safety and Health Administration. Without Chevron deference, these agencies’ rules and regulations are more vulnerable to legal challenges.

Examples of vulnerable rules and regulations include: (1) increases to the minimum salary threshold for overtime exemption; (2) An EEOC rule that says employers must provide reasonable accommodation for their employees to receive abortions; (3) employee-friendly joint employer rules under the NLRB; and (4) the Federal Trade Commission’s rule banning most noncompete agreements in employment.

These examples relate to hot-button issues that will have real effects on employers and employees alike.

EEOC, Employment Law, FTC, NLRB, OSHA

Why Understanding These Agencies Matters

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