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. Select a state Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming 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. 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 … Continue reading Age Discrimination: State Law