Wed, 09/30/2020
During the 2020 legislative session, the Maryland General Assembly amended the state’s Equal Pay for Equal Work Act to address the gender wage gap resulting from an applicant’s salary history. The amendments, which take effect on October 1, 2020, provide additional protections for applicants and employees and create new obligations for employers.
The Equal Pay for Equal Work law prohibits an employer form discriminating between employees by paying employees of one sex or gender identity less than other employees under certain circumstances or providing less favorable employment opportunities based on a worker’s sex or gender identity. The law, which applies to all employers in Maryland regardless of size, provides that an employer may not prohibited workers from inquiring about, discussing, or disclosing wages, among other subjects.
After October 1, employers will be required to provide a wage range for a position when requested by a job applicant. Employers will also be prohibited from retaliating against, or refusing to interview or hire, an applicant because the applicant refused to provide their wage history or requested the wage range for a position. Moreover, employers are prohibited from requesting an applicant’s wage history orally or in writing. Employers may not solicit this information through an employee, agent, or former employee. Employers are also prohibited from relying on an applicant’s wage history when considering the applicant for a position or in determining wages.
The amendments prohibit employers from taking adverse employment actions against an employee who makes an inquiry about their wages. Prior to the amendment, employers were only prohibited from taking adverse action in response to an employee’s inquiry about another employee’s wages.
An employer that fails to abide by Maryland’s Equal Pay for Equal Work law, as amended, may be subject to administrative penalties. The law also allows workers to pursue damages through a private lawsuit.
If you believe that your employer pays you differently based on your sex or gender identity, contact MSE at info@mselaborlaw.com. For more information about the assistance MSE provides to workers challenging gender- and race-based pay inequities and disparities, visit https://www.mselaborlaw.com/practice-areas/metoo-in-the-workplace.
