Q. "Most federal employment discrimination laws kick in at a certain number of employees. How do we accurately count ours?"
Answer:
According to the Equal Employment Opportunity Commission (EEOC), you should count every employee who has worked for your organization during at least 20 calendar weeks in the current or previous year. And those 20 weeks don't have to be consecutive; the individual could have worked full-time or part-time.
This methodology can be applied for the federal laws which the EEOC enforces: the Americans with Disabilities Act (ADA), Title VII, the Pregnancy Disability Act, the Genetic Information Nondiscrimination Act, and the Age Discrimination in Employment Act.
Some of those same protections also show up in state laws and may take effect at lower headcounts. For example, the California Fair Employment and Housing Act (FEHA) has protections similar to those in the ADA. The definition of a disability under FEHA, however, is even broader, and FEHA applies to any organization with five or more employees (compared with the ADA’s 15 or more employees), so if you’re setting policy or assessing liability related to discrimination, make sure to check state and local laws as well as federal.