Your State Liability

One of the most important aspects of state law as it relates to employment is in the area of discrimination. While only employers who have 15 or more employees are subject to the most complex and comprehensive federal antidiscrimination laws, state laws sometimes require that an employer need only have one employee to become subject to antidiscrimination laws. Therefore, in some states, you could be exempt from the federal laws yet still be subject to the state civil rights laws. State laws can also be broader in scope than the federal laws, with the result that protection is provided to groups in addition to those protected groups covered by federal law.

State Antidiscrimination Employment Laws

All of the states have enacted at least one law pertaining to employment discrimination. Keep in mind that the state law may not apply to you — it depends on the size of your business. But if it does, take steps to comply with it and consult a lawyer if necessary.

Click on your state on the map below to get summaries of your state's law, including:

• who qualifies as an employee
• which employers must comply
• what constitutes prohibited discrimination for covered employers
• recordkeeping requirements
• posting requirements

Other Areas Affected by State Laws

There are other areas of employment law that are often affected by state law, including:

• criminal record checking
• polygraph testing
• drug/alcohol testing
• use of credit reports