ACLU of SC sues SC 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 businesses to convey again all staff to the workplace instantly because the COVID-19 pandemic continues.

According to the lawsuit, filed in state court, McMaster’s order exceeds his authority and can disproportionately hurt girls, individuals with disabilities, caregivers and Black individuals. The ACLU requested for a courtroom to cease the order.

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

McMaster’s order additionally eliminated the requirement that masks be worn in state buildings and in eating places when persons are not ingesting or consuming, which the ACLU says will probably lead to elevated an infection charges.

“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,” stated Susan Dunn, Legal Director of the ACLU of South Carolina. “This order is dangerous, irresponsible and completely unnecessary.”

More than 24,000 state employees have nonetheless been working from residence because the governor ordered nonessential staff to work remotely final spring.

The ACLU stated the order places nonessential state staff and their households at pointless danger.

“The governor’s order forces me to choose between protecting the safety of my family and a paycheck,” stated Deborah Mihal, the director of Disability Services for the College of Charleston and the lead plaintiff within 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 assembly Tuesday, Department of Administration Executive Director Marcia Adams stated nearer to 5% of state company employees have been nonetheless working remotely when the governor issued his newest government order in March. Adams added that quantity contains some short-term employees, and employees who’re receiving well being and office lodging earlier than they arrive again into the workplace.”

McMaster’s workplace didn’t instantly touch upon the lawsuit.

This is a growing story and will probably be up to date.

Reporter Maayan Schechter contributed to this text.