The place where I work does not have 20 employees. Can I still file an age discrimination claim?

Although federal law requires at least 20 employees at your workplace to bring an age discrimination claim, your state law may allow an age discrimination claim with fewer employees. This is the most common difference between federal and state age discrimination laws. Therefore, even if there are not 20 employees at your workplace, you still may be able to file an age discrimination claim either with your state’s administrative agency, in court or both.

To find out the minimum number of employees required by your state’s anti-discrimination law, click on your state on the map or list below, or just scroll down to the information for your state.

Select your state from the map below or from this list.

Alabama

Alabama has no state anti-discrimination law, so the federal minimum of 20 employees for age discrimination cases applies.

Alaska

Minimum of 1 employees to file a claim under state law.

Arizona

No employee minimum to file a claim under state law.

Arkansas

Minimum of 9 employees to file under state law.

California

Minimum of 5 employees to file a claim under state law.

Colorado

No employee minimum to file a claim under state law.

Connecticut

Minimum of 3 employees to file a claim under state law.

Delaware

Minimum of 4 employees to file a claim under state law.

District of Columbia

No employee minimum to file a claim under state law.

Florida

Minimum of 15 employees to file a claim under state law.

Georgia

Minimum of 15 employees to file a claim under state law.

Hawaii

No employee minimum to file a claim under state law.

Idaho

Minimum of 5 employees to bring a claim under state law.

Illinois

Minimum of 15 employees to file a claim under state law.

Indiana

Minimum of 6 employees to file a claim under state law.

Iowa

Minimum of 4 employees to file a claim under state law.

Kansas

Minimum of 5 employees to file a claim under state law.

Kentucky

Minimum of 8 employees to file a claim under state law.

Louisiana

Minimum of 20 employees to file a claim under state law.

Maine

There is no employee minimum under state law, but if there are fewer than 15 employees, damages you can recover may be limited.

Maryland

The minimum number of employees varies by county, so check with your county’s human relations commission.

Massachusetts

Minimum of 6 employees to file a claim under state law.

Michigan

No employee minimum to file a claim under state law.

Minnesota

No employee minimum to file a claim under state law.

Mississippi

Mississippi has no state anti-discrimination law, so the federal minimum of 20 employees applies.

Missouri

Minimum of 6 employees to file a claim under state law.

Montana

No employee minimum to file a claim under state law.

Nebraska

Minimum of 15 employees to file a claim under state law.

Nevada

Minimum of 15 employees to file a claim under state law.

New Hampshire

Minimum of 6 employees to file a claim under state law.

New Jersey

No employee minimum to file a claim under state law.

New Mexico

Minimum of 4 employees to file a claim under state law.

New York

Minimum of 4 employees to file a claim under state law.

North Carolina

New legislation, HB2, enacted on March 23, 2016, limits the ability to file a discrimination claim because of race, religion, color, national origin, sex or handicap in state court under state law. This law is now the subject of litigation, so we recommend you speak with an attorney licensed in North Carolina to determine the current status of the law.

North Dakota

No employee minimum to file a claim under state law.

Ohio

Minimum of 4 employees to file a claim under state law. Ohio law also allows its citizens to file a “public policy” claim in court (not with the state’s administrative agency) based on the state’s anti-discrimination law, even if their workplace has fewer than 4 employees.

Oklahoma

No employee minimum to file a claim under state law.

Oregon

No employee minimum to file a claim under state law.

Pennsylvania

Minimum of 4 employees to file a claim under state law.

Rhode Island

Minimum of 4 employees to file a claim under state law.

South Carolina

Minimum of 15 employees to file a claim under state law.

South Dakota

No employee minimum to file a claim under state law.

Tennessee

Minimum of 8 employees to file a claim under state law.

Texas

Minimum of 15 employees to file a claim under state law.

Utah

Minimum of 15 employees to file a claim under state law.

Vermont

No employee minimum to file a claim under state law.

Virginia

Minimum of 19 employees to file a claim under state law.

Washington

Minimum of 8 employees to file a claim under state law, except no employee minimum on wage discrimination cases.

West Virginia

No employee minimum to file a claim under state law.

Wisconsin

No employee minimum to file a claim under state law.

Wyoming

Minimum of 2 employees to file a claim under state law.