Maryland Equal Pay For Equal Work Fact Sheet Poster Mandatory

§3	–301.	 	
    	(a)	    	In this subtitle the following words have the meanings indicated.	 	
    	(b)(1)	    	“Employer” means:	 	
            	(i)    a person engaged in a business, industry, profession, trade, or other enterprise in the State;	 	
            	(ii)    	the State and its units;	 	
            	(iii)	    	a county and its units; and	 	
            	(iv)	    	a municipal government in the State.	 	
        	(2)	    	“Employer” includes a person who acts directly or indirectly in the interest of another employer with an 	
employee.	 	
    	(c)	    	“Gender identity” has the meaning stated in § 20	–101 of the State Government Article.	 	
    	(d)(1)	    	“Wage” means all compensation for employment.	 	
        	(2)	    	“Wage” includes board, lodging, or other advantage provided to an employee	 for the convenience of the 	
employer.	 	
§3	–302.	 	
    	This subtitle applies to an employer of both men and women in a lawful enterprise.	 	
§3	–303.	 	
    	In addition to any powers set forth elsewhere, the Commissioner may:	 	
        	(1)	    	use informal methods of con	ference, conciliation, and persuasion to eliminate pay practices that are unlawful 	
under this subtitle; and	 	
        	(2)	    	supervise the payment of a wage owing to an employee under this subtitle.	 	
§3	–304.	 	
    	(a)	    	In this section, “providing less favorab	le employment opportunities” means:	 	
        	(1)	    	assigning or directing the employee into a less favorable career track, if career tracks are offered, or position;	 	
        	(2)	    	failing to provide information about promotions or advancement in the full 	range of career tracks offered by 	
the employer; or	 	
        	(3)	    	limiting or depriving an employee of employment opportunities that would otherwise be available to the 	
employee but for the employee’s sex or gender identity.	 	
    	(b)(1)	    	An employer may n	ot discriminate between employees in any occupation by:	 	
            	(i)    	paying a wage to employees of one sex or gender identity at a rate less than the rate paid to employees of 	
another sex or gender identity if both employees work in the same establis	hment and perform work of comparable 	
character or work on the same operation, in the same business, or of the same type; or	 	
            	(ii)	    	providing less favorable employment opportunities based on sex or gender identity.	 	
        	(2)	    	For purposes o	f paragraph (1)(i) of this subsection, an employee shall be deemed to work at the same 	
establishment as another employee if the employees work for the same employer at workplaces located in the same 
county of the State.	 	
    	(c)	    	Except as provided in sub	section (d) of this section, subsection (b) of this section does not prohibit a variation in 	
a wage that is based on:	 	
        	(1)	    	a seniority system that does not discriminate on the basis of sex or gender identity;	 	
        	(2)	    	a merit increase syste	m that does not discriminate on the basis of sex or gender identity;	 	
        	(3)	    	jobs that require different abilities or skills;	 	
        	(4)	    	jobs that require the regular performance of different duties or services;	 	
        	(5)	    	work that is perfo	rmed on different shifts or at different times of day;	 	
        	(6)	    	a system that measures performance based on a quality or quantity of production; or	 	
        	(7)	    	a bona fide factor other than sex or gender identity, including education, training, or	 experience, in which the 	
factor:	 	
            	(i)    	is not based on or derived from a gender	–based differential in compensation;	 	
            	(ii)	    	is job related with respect to the position and consistent with a business necessity; and	 	
            	(iii	)    	accounts for the entire differential.	 	
    	(d)	    This section does not preclude an employee from demonstrating that an employer’s reliance on an exception 	
listed in subsection (c) of this section is a pretext for discrimination on the basis of sex or 	gender identity.	 	
    	(e)	    	An employer who is paying a wage in violation of this subtitle may not reduce another wage to comply with this 	
subtitle.	 	
§3	–304.1.	 	
    	(a)	    	An employer may not:	 	
        	(1)	    	prohibit an employee from:	 	
 	
Maryland 	 	
Equal Pay for Equal Work 	 	
 (Labor and Employment Article Title 3, Subtitle 3)

(i)    	inqu	iring about, discussing, or disclosing the wages of the employee or another employee; or	 	
            	(ii)	    	requesting that the employer provide a reason for why the employee’s wages are a condition of 	
employment;	 	
        	(2)	    	require an employee to sig	n a waiver or any other document that purports to deny the employee the right to 	
disclose or discuss the employee’s wages; or	 	
        	(3)	    	take any adverse employment action against an employee for:	 	
            	(i)    	inquiring about 	the employee’s wages	 or another employee’s wages;	 	
            	(ii)	    	disclosing the employee’s own wages;	 	
            	(iii)	    	discussing another employee’s wages if those wages have been disclosed voluntarily;	 	
            	(iv)	    	asking the employer to provide a reason for 	the employee’s wages; or	 	
            	(v)	    	aiding or encouraging another employee’s exercise of rights under this section.	 	
    	(b)(1)	    	Subject to paragraph (2) of this subsection, an employer may, in a written policy provided to each employee, 	
establish	 reasonable workday limitations on the time, place, and manner for inquiries about or the discussion or 	
disclosure of employee wages.	 	
        	(2)	    	A limitation established under paragraph (1) of this subsection shall be consistent with standards adopted 	by 	
the Commissioner and all other State and federal laws.	 	
        	(3)	    	Subject to subsection (d) of this section, limitations established under paragraph (1) of this subsection may 	
include prohibiting an employee from discussing or disclosing the wages o	f another employee without that employee’s 	
prior permission.	 	
    	(c)	    	Except as provided in subsection (d) of this section, the failure of an employee to adhere to a reasonable 	
limitation included in a written policy under subsection (b) of this section 	shall be an affirmative defense to a claim 	
made against an employer by the employee under this section if the adverse employment action taken by the employer 
was for a failure to adhere to the reasonable limitation and not for an inquiry, a discussion, or 	a disclosure of wages in 	
accordance with the limitation.	 	
    	(d)	 (1)	    	A prohibition established in accordance with subsection (b)(3) of this section against the discussion or 	
disclosure of the wages of another employee without that employee’s prior permi	ssion may not apply to instances in 	
which an employee who has access to the wage information of other employees as a part of the employee’s essential job 
functions if the discussion or disclosure is in response to a complaint or charge or in furtherance of	 an investigation, a 	
proceeding, a hearing, or an action under this subtitle, including an investigation conducted by the employer.	 	
        	(2)	    	If an employee who has access to wage information as part of the essential functions of the employee’s job 	
discloses the employee’s own wages or wage information about another employee obtained outside the performance of 
the essential functions of the employee’s job, the employee shall be entitled to all the protections afforded under this 
subtitle.	 	
    	(e)	    	No	thing in this section shall be construed to:	 	
        	(1)	    	require an employee to disclose the employee’s wages;	 	
        	(2)	    	diminish employees’ rights to negotiate the terms and conditions of employment under federal, State, or local 	
law;	 	
        	(3)	    limit the rights of an employee provided under any other provision of law or collective bargaining agreement;	 	
        	(4)	    	create an obligation on any employer or employee to disclose wages;	 	
        	(5)	    	permit an employee, without the written conse	nt of an employer, to disclose proprietary information, trade 	
secret information, or information that is otherwise subject to a legal privilege or protected by law; or	 	
        	(6)	    	permit an employee to disclose wage information to a competitor of the em	ployer.	 	
§3	–304.2	 	
(A) On request, an employer shall provide to an applicant for employment the wage range for the position for which the 
applicant applied.	 	
                 	(B)  (1) An employer may not:	 	
                       	(I)  Retaliate  against  or  refuse	 to  interview,  hire,  or  employ  an  applicant  for  employment  because  the 	
applicant:	 	
                            	1.  Did not provide wage history; or 	 	
                 	2.  Requested  the  wage range in  accordance  with this  section  for  the  position  for  which  the 	applicant applied; 	
and	 	
                       	(II) Except a provided in paragraph (2) of this subsection:	 	
                            	1.  Rely  on  the  wage  history  of  an applicant  for  employment in  screening  or  considering the  applicant 	
for employment or in 	determining the wages for the applicant; or	 	
                         	2.  Seek  the  wage  history  for  an  applicant  for  employment  orally,  in  writing,  or  through an  employee  or 	
an agent or from a current or former employer.	 	
                          	(2)  After  a	n  employer  makes  an  initial  offer  of  employment  with  an  offer  of  compensation  to  an 	
applicant for employment, an employer may:	 	
                               	(I)  Subject  to  paragraph  (3)  of  this  subsection,  rely  on  the  wage  history  voluntarily  provided  by 	the 	
applicant for employment to support a wage offer higher than the initial wage offered by the employer: or

(II)  Seek  to  confirm  the  wage  history  voluntarily  provided  by  the  applicant  for  employment  to 	
support a wage offe	r higher than the initial wage offered by the employer.	 	
                               	(3)  An  employer may  rely  on  wage history  under  paragraph  (2)  of  this  subsection  only  if  the higher 	
wage does not create an unlawful pay differential based on protected c	haracteristics under §3	-304 of this subtitle.	 	
                    	(C)  This  section  may  not  be  construed  to  prohibit  an  applicant  for  employment  from  sharing  wage  history 	
with an employer voluntarily.	  	
§3	–305.	 	
    	(a)	 (1)	    	Each employer shall keep each re	cord that the Commissioner requires on:	 	
            	(i)    	wages of employees;	 	
            	(ii)	    	job classifications of employees; and	 	
            	(iii)	    	other conditions of employment.	 	
 
        	(2)	    	An employer shall keep the records required under 	this subsection for the period of time that the 	
Commissioner requires.	 	
    	(b)	    	On the basis of the records required under this section, an employer shall make each report that the 	
Commissioner requires.	 	
§3	–306.	 	
    	(a)	    	On request of an employer, the 	Commissioner shall provide without charge a copy of this subtitle to the 	
employer.	 	
    	(b)	    Each employer shall keep posted conspicuously in each place of employment a copy of this subtitle.	 	
    	(c)	    	The Commissioner, in consultation with the Maryland 	Commission on Civil Rights, shall develop educational 	
materials and make training available to assist employers in adopting training, policies, and procedures that comply with 
the requirements of this subtitle.	 	
§3	–306.1.	 	
    	(a)	    	Whenever the Commissione	r determines that this subtitle has been violated, the Commissioner shall:	 	
        	(1)	    	try to resolve any issue involved in the violation informally by mediation; or	 	
        	(2)	    	ask the Attorney General to bring an action on behalf of the applicant o	r employee.	 	
    	(b)	    The Attorney General may bring an action under this section in the county where the violation allegedly 	
occurred for injunctive relief, damages, or other relief.	 	
§3	–307.	 	
    	(a)(1)	    	If an employer knew or reasonably should have kno	wn that the employer’s action violates § 3	–304 of this 	
subtitle, an affected employee may bring an action against the employer for injunctive relief and to recover the 
difference between the wages paid to employees of one sex or gender identity and the wag	es paid to employees of 	
another sex or gender identity who do the same type work and an additional equal amount as liquidated damages.	 	
        	(2)	    	If an employer knew or reasonably should have known that the employer’s action violates § 3	–304.1 of this 	
subtitle, an affected employee may bring an action against the employer for injunctive relief and to recover actual 
damages and an additional equal amount as liquidated damages.	 	
        	(3)	    	An employee may bring an action on behalf of the employee and o	ther employees similarly affected.	 	
    	(b)	    	On the written request of an employee who is entitled to bring an action under this section, the Commissioner 	
may:	 	
        	(1)	    	take an assignment of the claim in trust for the employee;	 	
 
        	(2)	    	ask t	he Attorney General to bring an action in accordance with this section on behalf of the employee; and	 	
        	(3)	    	consolidate 2 or more claims against an employer.	 	
    	(c)	    	An action under this section shall be filed within 3 years after the employee 	receives from the employer the 	
wages paid on the termination of employment under § 3	–505(a) of this title.	 	
    	(d)	    The agreement of an employee to work for less than the wage to which the employee is entitled under this 	
subtitle is not a defense to an a	ction under this section.	 	
    	(e)	    	If a court determines that an employee is entitled to judgment in an action under this section, the court shall 	
allow against the employer reasonable counsel fees and other costs of the action, as well as prejudgment in	terest in 	
accordance with the Maryland Rules.	 	
§3	–308.	 	
    	(a)	    	An employer may not:	 	
        	(1)	    	willfully violate any provision of this subtitle;	 	
        	(2)	    	hinder, delay, or otherwise interfere with the Commissioner or an authorized representativ	e of the 	
Commissioner in the enforcement of this subtitle;	 	
        	(3)	    	refuse entry to the Commissioner or an authorized representative of the Commissioner into a place of 	
employment that the Commissioner is authorized under this subtitle to inspect; 	 	
        	(4)	    	discharge or otherwise discriminate against an 	employee  	or applicant for employment	 because the employee 	
or applicant for employment:

(i)    makes a complaint to the employer, the Commissioner, or another person;	 	
            	(ii)	    	brings an action under this subtitle or a proceeding that relates to the subject of this subtitle or causes the 	
action or proceeding to be brought; or	 	
            	(iii)	    has testified or will testify in an action under this subtitle or a proceeding t	hat relates to the subject of this 	
subtitle	; or 	
        	(5)   	Violate §3	–304.2 of this subtitle.	   	
    	(b)	    	An employee 	or an applicant for employment	 may not:	 	
        	(1)	    	make a groundless or malicious complaint to the Commissioner or an authorized r	epresentative of the 	
Commissioner;	 	
        	(2)	    	in bad faith, bring an action under this subtitle;	 	
        	(3)	    	in bad faith, bring a proceeding that relates to the subject of this subtitle; or	 	
        	(4)	    	in bad faith, testify in an action under th	is subtitle or a proceeding that relates to the subject of this subtitle.	 	
    	(c)	    	The Commissioner may bring an action for injunctive relief and damages against a person who violates 	
subsection (a)(1), (4), or subsection (b)(1), (3), or (4) of this sect	ion.	 	
    	(d)	 (1)	    Except as provided in paragraph (2) of this subsection, an	 employer who violates any provision of 	
subsection (a)(2) or (3) of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding 
$300.	 	
        	(2)	 (i) This paragraph does not apply to a violation of §304.2.	 	
              	(ii)	 If an employer is found to have violated this subtitle two or more times within a 3	–year period, the 	
Commissioner or a court may require the employer to pay a civil penalty equ	al to 10% of the amount of damages owed 	
by the employer.	 	
            	  (iii)	 Each civil penalty assessed under this paragraph shall be paid to the General Fund of the State to offset the 	
cost of enforcing this subtitle.	 	
(E) (1) If the Commissioner determin	es that an employer has violated §3	-304.2 of this subtitle, the Commissioner:	 	
              	(I) shall issue an order compelling compliance; and 	 	
              	(II) may, in the Commissioner’s discretion, 	 	
                    	1. for a first violation, issue 	a letter to the employer compelling compliance;	 	
                   	2.  for  a  second  violation,  assess  a  civil  penalty  of  up  to  $300  for  each applicant  for  employment  for  whom 	
the employer is not in compliance; or	 	
            	3.  for  each  subsequent  violation	,  assess  a  civil  penalty  of  up  to  $600  for  each  applicant  for  employment  for 	
whom  the  employer  is  not  in  compliance  if  the  violation  occurred  within  3  years  after  a  previous  determination  that  a 
violation had occurred.	 	
        	(2) In determining the amount	 of the penalty, if assessed, the Commissioner shall consider:	 	
             	(I) the gravity of the violation’	 	
             	(II) the size of the employer’s business;	 	
             	(III) the employer’s good faith; and	 	
             	(IV) the employer’s history 	of violations under this subtitle.	 	
         	(3)  If  the  Commissioner assesses  a  penalty  under  paragraph  (1)(II)  of  this  subsection, the  penalty  shall  be  subject 	
to the notice and hearing requirements of Title 10, Subtitle 2 of the State Government Article.	 	
 
 
 	 	For additional information or to file a complaint, please contact:	 	
 	
FOR MORE INFORM ATION 	CONTACT	: 	
Department of Labor	 	
Division of Labor and Industry	 	
Employment Standards Service	 	
10946 Golden West Drive, Suite 160 	– Hunt 	Valley	, MD 	21031	 	
Phone: 410	-767	-2357	 	
 Rev. 	2/22