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Maryland

Regulatory Strength: ‏‏ Strong‏
Effective as of September 1st, 20169

Protected groups:

  • Gender and Gender Identity (i.e. transgender)

Applicable to:

  • Private and public companies*
  • May cover state and local government employees*

HR practices:

  • Employer cannot retaliate against employees who:
    • File a complaint or testify regarding pay discrimination
    • Discuss salaries with coworkers
  • Pay Analysis Groups are defined differently than the Federal “Similarly Situated” standard

Defenses/Rebuttals:

  • Law narrows the reasons employers can use to justify pay differences (e.g., education must be job-related)
  • Employee accepting a low wage is not an acceptable defense

Remedies:

  • Back pay:
    • Up to two (2) times the amount of back pay awarded
    • May include interest
  • Employer is liable for plaintiff attorney fees

State Specific:

  • Employer must display a state pay equity poster

Please click HERE for access to MD Lab & Emp Code § 3-301, Equal Pay for Equal Work.
*see law for specific inclusions/exclusions

Last revised 08/23/2019

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