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Your Rights Discrimination Claims - State Laws

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The place where I work does not have 15 employees. Can I still file a claim?

Although federal anti-discrimination law covers only workplaces with at least 15 employees, many states have anti-discrimination laws that cover workplaces with fewer than 15 employees. Therefore, even if your workplace has fewer than 15 employees, you still may be able to file a claim in state court, with your state's government agency that enforces anti-discrimination law, 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.

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Alabama

Alabama has no state anti-discrimination law, so the federal minimum of 15 employees applies , except 20 employees minimum for age discrimination cases.

Alaska

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

Arizona

Minimum of 15 employees to file a claim under state law, except for sexual harassment, which has no minimum.

Arkansas

Arkansas has no state anti-discrimination law, so federal minimum of 15 employees applies.

California

Minimum of 5 employees to file a claim under state law, except for sexual harassment, which has no minimum under state law.

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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, except 15 employees minimum for disability cases.

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, including for age discrimination.

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Georgia

Georgia has no state anti-discrimination law, so the federal minimum of 15 employees applies.

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, except in cases of sexual harassment, physical or mental handicap discrimination and retaliation, which have no minimum.

Indiana

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

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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, so lower federal minimum of 15 employees applies.

Maine

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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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 15 employees applies.

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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.

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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

Individuals cannot file lawsuits under North Carolina's state anti-discrimination law (although they can file under federal law). However, North Carolina law allows 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 15 employees.

North Dakota

No employee minimum to file a claim under state law.

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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

Minimum of 15 employees 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.

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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, including age discrimination claims.

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Vermont

No employee minimum to file a claim under state law.

Virginia

Minimum of 6 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

Minimum of 15 employees to file a claim under state law. West Virginia law also allow 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 15 employees.

Wisconsin

No employee minimum to file a claim under state law.

Wyoming

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

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