Discrimination Claims - State Laws
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
© 2024 Workplace Fairness
Practice Areas
The Law Office of Richard Vaznaugh assists plaintiffs in the following areas of employment law: Stock Option Disputes, Age Discrimination, Pensions and Benefits, Trade Secrets, Severance Packages, Physical and Drug Tests, Gender and Sex Discrimination, Libel and Slander, Defamation, Employment Contracts, Employment Discrimination, Sexual Harassment, Family and Medical Leave, Race or Nationality Discrimination, Covenants Not to Compete, Wrongful Termination, Workplace Disputes, Disability Discrimination, Reasonable Accommodation, Pregnancy Discrimination, Pregnancy Leave, Sick Leave, Gay and Lesbian Rights, Wages and Overtime Pay.
Vaznaugh Weekly Weekly
Topic of the Week
How Interns Are Protected In the Workplace
Blog of the Week
Why It’s Important To Have an Employee-First Mindset with Business Decisions
Putting employees first in business decision-making is integral to the stability and longevity of a
company.
Thought for the Week
"If the intern performs work that benefits the employer and that would otherwise be performed by a regular employee, it is unlikely to be an internship. Interns are not a way to get free labor."
–Brandon Ruiz, Attorney
List of the Week
from Workplace Fairness
Did you know that:
- 1/3 of internships are unpaid
- interns cannot legally perform the tasks of employees without compensation
Top Five News Headlines
- The Fed’s Fight Against Inflation Could Cost the US 1.2 Million Jobs
- New ‘Striketober’ Looms as US Walkouts Increase Amid Surge in Union Activity
- Russia Gives Citizenship to Ex-NSA Contractor Edward Snowden
- Spain Plans ‘Digital Nomad’ Visa Scheme to Attract Remote Workers
- NYC Appeals Ruling Over Vaccine Mandate for Police Officers