Earlier this month, I spoke to the Travis County Women Lawyers Association on employment law. One of the audience members asked a good question, which is: for an employer to be subject to Title VII, it has to have at least 15 employees. Do part-time employees count?

Answer: liability under Title VII is limited to employers with 15 or more employees who are present “for each working day in each of twenty or more calendar weeks in the current or preceding calendar year.”  42 U.S.C. § 2000e(b). Accordingly, if a part-time employee is present “for each working day in each of twenty or more calendar weeks in the current or proceeding calendar year,” then yes, the part-time employee counts. Id.

For bonus points, how are employees counted under the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA)?

Answer: The same way. 42 U.S.C. § 12111(5) (ADA); 29 U.S.C. § 630(b) (ADEA).

However, unlike Title VII and the ADA, which limit liability to employers with at least 15 employees, the ADEA limits liability to employers with at least 20 employees. Cf. 42 U.S.C. § 2000e(b) (Title VII) and 42 U.S.C. § 12111(5) (ADA) with 29 U.S.C. § 630(b) (ADEA).