Discrimination fondée sur l'âge : Droit national

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.

Entity Definitions
EMPLOYER. Any person employing 20 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, including any agent of that person.
EMPLOYMENT AGENCY. Any person regularly undertaking, with or without compensation, to procure employees for an employer or to procure for employees opportunities to work for an employer, including any agent of that person.
LABOR ORGANIZATION. Any organization which exists for the purpose, in whole or in part, of collective bargaining, of dealing with employers concerning grievances, terms, or conditions of employment, or of other mutual aid or protection in connection with 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.

Californie

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 de Columbia

No employee minimum to file a claim under state law.

Floride

Minimum of 15 employees to file a claim under state law.

Géorgie

Minimum of 15 employees to file a claim under state law.

Hawaï

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.

Louisiane

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.

Nouveau Mexique

Minimum of 4 employees to file a claim under state law.

New York (en anglais)

No employee minimum dto file a claim under state law.

Caroline du Nord

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.

Dakota du Nord

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.

Pennsylvanie

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 du Sud

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.

Virginie

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.

Virginie occidentale

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.

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Madeline Messa

Madeline Messa est étudiante en troisième année de licence à la faculté de droit de l'université de Syracuse. Elle est diplômée en journalisme de Penn State. Grâce à ses recherches juridiques et à ses écrits pour Workplace Fairness, elle s'efforce de fournir aux gens les informations dont ils ont besoin pour être leur meilleur défenseur.