Federal thresholds at a glance
| Statute | Min. employees | Covered bases |
|---|---|---|
| Title VII | 15+ | race, color, religion, sex, national origin |
| ADA | 15+ | disability |
| GINA | 15+ | genetic information |
| ADEA | 20+ | age (40+) |
| EPA | any (FLSA coverage) | sex-based pay |
| §1981 | any | race only |
How "employees" are counted
Title VII §701(b) defines a covered "employer" as one engaged in an industry affecting commerce who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. The counting rule is similar across the parallel federal statutes (ADA, GINA), with ADEA's 20-employee threshold using the same 20-week test.
Part-time and full-time employees count the same for threshold purposes. Independent contractors generally do not count. Joint-employer and integrated-enterprise doctrines can aggregate employees across affiliated entities; this is fact-specific.
State FEPA thresholds go lower
State Fair Employment Practices Agencies often cover smaller employers than the federal floor:
- California (FEHA) — 5+ employees (1+ for sexual harassment since 2018)
- New York State HRL — 4+ employees (1+ for sexual harassment)
- New York City HRL — 4+ employees
- Colorado (post-2024 POWR Act) — 1+ employee for most bases
- District of Columbia HRA — 1+ employee
- Minnesota Human Rights Act — 1+ employee
- Oregon — 1+ employee for most claims
If your employer is below the federal threshold, do not give up on your case before checking state law. The decoder surfaces an indeterminate state for sub-threshold federal cases and prompts you to verify state-law coverage with a licensed attorney.
§1981 and EPA — no headcount minimum
42 U.S.C. §1981 covers race claims regardless of employer size. There is no headcount minimum. The 4-year SOL and direct-federal-court suit make §1981 the strongest post-threshold-fail option for race claims.
The Equal Pay Act has no headcount minimum either, but applies only where the employer is subject to FLSA — which covers most employers above a modest commerce-affecting threshold. EPA suits go directly to federal court with a 2/3-year SOL.
Counted-week tests can produce edge cases
"20 or more calendar weeks in the current or preceding calendar year" creates edge cases — a company that downsized from 18 to 12 mid-year may still be covered for the discrimination act if the act occurred during a covered period. A company that grew from 8 to 16 during the year may not yet be covered if 20 weeks at 15+ have not accrued.
Threshold-edge cases benefit from attorney guidance. The decoder gates clearly on the bucket your employer falls into; an employer near a threshold deserves a closer look than the decoder alone can provide.