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                        Coverage
              


          
  An employer must have a certain number of employees to be covered by the laws we enforce. This number varies depending on the type of employer (for example, whether the employer is a private company, a state or local government agency, a federal agency, an employment agency, or a labor union) and the kind of discrimination alleged (for example, discrimination based on a person's race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information).  Read about the coverage requirements for:  Business/private employers  State or local governments  Federal government agencies  Employment agencies  Labor unions or Join Apprenticeship CommitteesSee also:  How do you count the number of employees an employer has?If an employer has the required number of employees, a person is protected by the anti-discrimination laws if he or she is:  An employee  A job applicant  A former employee  An applicant or participant in a training or apprenticeship programAge or Disability & Coverage  If a complaint involves discrimination because of age or disability, other requirements must be met in order for a person to be covered.  Citizenship & Coverage  The Immigration Reform and Control Act of 1986 (IRCA) prohibits discrimination on the basis of national origin by smaller employers (with 4 to 14 employees). Employers with 4 or more employees (and recruiters and referrers for a fee) are also prohibited from discriminating on the basis of citizenship status; discriminating in the employment eligibility verification process; and retaliating under IRCA.  Discrimination charges under IRCA are processed by the Department of Justice, Office of Special Counsel for Immigration-Related Unfair Employment Practices:  1-800-255-7688 (voice for employees/applicants), 1-800-237-2515 (TTY for employees/applicants), 1-800-255-8155 (voice for employers), or 1-800-362-2735 (TTY for employers), or http://www.usdoj.gov/crt/osc.  Overseas & Coverage  American workers employed by U.S. companies overseas enjoy the same broad protections as workers in the U.S. That means protection under the anti-discrimination laws travels with the employee, so long as the employee is a U.S. citizen working for a U.S. company.  Deciding Who Is Covered  People who are not employed by the employer, such as independent contractors, are not covered by the anti-discrimination laws. Figuring out whether or not a person is an employee of an organization (as opposed to a contractor, for example) is complicated. If you aren't sure whether a person covered, you should contact one of our field offices as soon as possible so we can make that decision.Return to top

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