Age Discrimination: State LawThe 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. © 2024 Workplace Fairness |
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