The Maryland Equal Pay Act requires employers to pay men and women equally if the employees work in the same establishment and perform work of comparable character or work on the same operation, in the same business, or of the same type (MD Labor and Empl. Code Sec. 3-301 et seq.). The Act applies to all public and private employers in the state.
An “employer” includes a person who acts directly or indirectly in the interest of another employer with an employee.
An employer is prohibited from discriminating against an employee in any occupation by:
• Paying a wage to an employee 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 establishment and perform work of comparable character or work on the same operation, in the same business, or of the same type; or
• Providing less favorable employment opportunities based on sex or gender identity.
Under the Act, an employee works at the “same establishment” as another employee if the employees work for the same employer at worksites located in the same county of the state.
“Providing less favorable employment opportunities” is defined to include:
• Assigning or directing the employee into a less favorable career track, if career tracks are offered, or position;
• Failing to provide information about promotions or advancement in the full range of career tracks offered by the employer; or
• 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.
The Act does not prohibit wage differentials that result from differences in:
• A seniority system that does not ...