ACLU of SC sues Gov. McMaster for ordering state employees to return to offices

The American Civil Liberties Union of South Carolina on Tuesday sued Gov. Henry McMaster for ordering state agencies to bring back all workers to the office immediately as the COVID-19 pandemic continues.

According to the lawsuit, filed in state court, McMaster’s order exceeds his authority and will disproportionately harm women, people with disabilities, caregivers and Black people. The ACLU asked for a court to stop the order.

Last month, McMaster called on state agencies to bring state employees back as COVID-19 vaccine distribution picked up and new COVID-19 cases dropped off in recent months.

McMaster’s order also removed the requirement that masks be worn in state buildings and in restaurants when people are not drinking or eating, which the ACLU says will likely lead to increased infection rates.

“Governor McMaster’s return-to-in-person-work order ignores public health guidelines and the continuing serious health risks posed by the COVID-19 pandemic and people with disabilities, women and caregivers will bear the brunt of the impact,” said Susan Dunn, Legal Director of the ACLU of South Carolina. “This order is dangerous, irresponsible and completely unnecessary.”

The governor’s office pushed back on Tuesday and said state employees were given weeks to make plans and arrangements for returning to the workplace, such as finding childcare saying almost all childcare facilities in the state are open.

“South Carolinians all over the state have been going to work, in person, throughout the last year and they have been able to do it safely,” said McMaster spokesman Brian Symmes. “The Department of Administration has done an incredible job working with agency heads to bring state employees back into the office in a safe way, providing flexibility to make accommodations when necessary and giving agencies time to implement safety precautions in the workplace.”

“It’s ridiculous to think that requiring employees to go to work is discriminatory in any way,” Symmes added.

More than 24,000 state employees have still been working from home since the governor ordered nonessential workers to work remotely last spring.

The ACLU said the order puts nonessential state workers and their families at unnecessary risk.

“The governor’s order forces me to choose between protecting the safety of my family and a paycheck,” said Deborah Mihal, the director of Disability Services for the College of Charleston and the lead plaintiff in the lawsuit. “Since the beginning of this global pandemic over a year ago, my colleagues and I have been safely and effectively working remotely. There is no urgent need for us to return in-person.”

In a Cabinet meeting Tuesday, Department of Administration Executive Director Marcia Adams said closer to 5% of state agency employees were still working remotely when the governor issued his latest executive order in March. Adams added that number includes some temporary employees, and employees who are receiving health and workplace accommodations before they come back into the office.

Reporter Maayan Schechter contributed to this article.