Age Discrimination: State Law
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.
Select your state from the map below or from this list.
Alabama
Alabama law prohibits employers, employment agencies, or labor organizations from discriminating in employment against a worker 40 years of age and over in hiring, job retention, compensation, or other terms or conditions of employment.
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 for public employers to file under state law.
California
Minimum of 5 employees to file a claim under state law.
Colorado
No minimum of employees 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 1 employee to file a claim under state law.
Indiana
Minimum of 1 employee to file a claim under state law.
Iowa
Minimum of 4 employees to file a claim under state law.
Kansas
Minimum of 4 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.
Maryland
Minimum of 15 employees to file a claim under state law.
Massachusetts
Minimum of 6 employees to file a claim under state law.
Michigan
Minimum of 1 employee 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 20 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
No employee minimum dto file a claim under state law.
North Carolina
North Carolina does not have a state age discrimination law. North Carolina employees and employers are covered by the federal Age Discrimination in Employment Act, which covers employers with 15 or more employees.
North Dakota
No employee minimum to file a claim under state law.
Ohio
Minimum of 4 employees to file a claim under state law.
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
South Dakota does not have a state law for age discrimination. Employers and employees are covered by the federal Age Discrimination Employment Act, which requires that an employee work for an employer of 20 or more employees to file a claim.
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
The law covers employers with more than five employees, but fewer than 20 employees.
Washington
Minimum of 8 employees to file a claim under state law.
West Virginia
West Virginia law covers employers employing more than five but fewer than 20 persons.
Wisconsin
Minimum of 20 employees to file a claim under state law.
Wyoming
Minimum of 2 employees to file a claim under state law.
