Discriminación por edad: Legislación estatal
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 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.
Distrito de 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.
Hawai
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.
Luisiana
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.
Nuevo Hampshire
Minimum of 6 employees to file a claim under state law.
Nueva Jersey
No employee minimum to file a claim under state law.
Nuevo México
Minimum of 4 employees to file a claim under state law.
Nueva York
Minimum of 4 employees to file a claim under state law.
Carolina del Norte
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.
Dakota del Norte
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.
Oregón
No employee minimum to file a claim under state law.
Pensilvania
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.
Dakota del Sur
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.
Virginia Occidental
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.
