Employee Rights and Information Center
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 has no state anti-discrimination law, so the federal minimum of 20 employees for age discrimination cases applies.
Minimum of 1 employees to file a claim under state law.
No employee minimum to file a claim under state law.
Minimum of 9 employees to file under state law.
Minimum of 5 employees to file a claim under state law.
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No employee minimum to file a claim under state law.
Minimum of 3 employees to file a claim under state law.
Minimum of 4 employees to file a claim under state law.
No employee minimum to file a claim under state law.
Minimum of 15 employees to file a claim under state law.
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Minimum of 15 employees to file a claim under state law.
No employee minimum to file a claim under state law.
Minimum of 5 employees to bring a claim under state law.
Minimum of 15 employees to file a claim under state law.
Minimum of 6 employees to file a claim under state law.
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Minimum of 4 employees to file a claim under state law.
Minimum of 5 employees to file a claim under state law.
Minimum of 8 employees to file a claim under state law.
Minimum of 20 employees to file a claim under state law.
There is no employee minimum under state law, but if there are fewer than 15 employees, damages you can recover may be limited.
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The minimum number of employees varies by county, so check with your county's human relations commission.
Minimum of 6 employees to file a claim under state law.
No employee minimum to file a claim under state law.
No employee minimum to file a claim under state law.
Mississippi has no state anti-discrimination law, so the federal minimum of 20 employees applies.
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Minimum of 6 employees to file a claim under state law.
No employee minimum to file a claim under state law.
Minimum of 15 employees to file a claim under state law.
Minimum of 15 employees to file a claim under state law.
Minimum of 6 employees to file a claim under state law.
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No employee minimum to file a claim under state law.
Minimum of 4 employees to file a claim under state law.
Minimum of 4 employees to file a claim under state law.
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.
No employee minimum to file a claim under state law.
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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.
No employee minimum to file a claim under state law.
No employee minimum to file a claim under state law.
Minimum of 4 employees to file a claim under state law.
Minimum of 4 employees to file a claim under state law.
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Minimum of 15 employees to file a claim under state law.
No employee minimum to file a claim under state law.
Minimum of 8 employees to file a claim under state law.
Minimum of 15 employees to file a claim under state law.
Minimum of 15 employees to file a claim under state law.
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No employee minimum to file a claim under state law.
Minimum of 19 employees to file a claim under state law.
Minimum of 8 employees to file a claim under state law, except no employee minimum on wage discrimination cases.
No employee minimum to file a claim under state law.
No employee minimum to file a claim under state law.
Minimum of 2 employees to file a claim under state law.
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