It it's age discrimination it's 20 employees and only if you're over 40. Of course anyone can attempt to file a lawsuit against anyone for anything but not according to both state and federal law. “The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee. The U.S. Equal Employment Opportunity Commission is a federal agency that was established in 1965 via the Civil Rights Act of 1964 to administer and enforce civil rights laws against workplace discrimination. If a complaint against a business (or some other private employer) involves race, color, religion, sex (including pregnancy), national origin, disability or genetic information, the business is covered by the laws we enforce if it has 15 or more employees who worked for the employer for at least twenty calendar weeks (in this year or last). If a complaint involves age discrimination, the business is covered by the laws we enforce if it has 20 or more employees who worked for the company for at least twenty calendar weeks (in this year or last).”