Equal Pay
Lab. & Empl. § 3-304 — the same work, the same pay, and the right to talk about it
In Maryland, an employer may not pay employees less than others who work in the same establishment and do work of comparable character, or work on the same operation, in the same business or of the same type, where the difference is based on race, religious beliefs, sex, gender identity or sexual orientation.
The same establishment means the same county. Employees who work for the same employer at workplaces in the same county are treated as working at the same establishment.
What can explain a difference. A seniority or merit system that does not discriminate, different abilities, skills or duties, different shifts or times of day, a measure of the quality or quantity of production, or a bona fide factor such as education, training or experience that is job related, consistent with business necessity, and accounts for the entire difference. The employee may still show that the reason given is a pretext.
Talking about pay. An employer may not prohibit employees from asking about, discussing or disclosing their own or another employee's wages, may not require a waiver of that right, and may not take adverse action for it. A written policy given to each employee may set reasonable workday limits on the time, place and manner of those conversations.
No leveling down. An employer paying wages in violation of the subtitle may not reduce another wage to comply.
The remedy. Where the employer knew or reasonably should have known its action violated the law, an affected employee may sue for the difference in wages, or actual damages where the violation was over discussing wages, and an additional equal amount as liquidated damages, within 3 years after receiving the wages paid when employment ends. A winning employee is allowed reasonable counsel fees, costs and prejudgment interest.
| The assumption | What the law actually does |
|---|---|
| The assumptionCoworkers are not allowed to compare paychecks | What the law actually doesAn employer may not prohibit asking about, discussing or disclosing wages, though a written policy may set reasonable workday limits |
| The assumptionAn employer can fix unequal pay by cutting the higher wage | What the law actually doesAn employer paying in violation may not reduce another wage to comply |
Pay range disclosures to applicants, the Commissioner's enforcement and federal equal pay law are not all on this page. What a particular situation carries is a question for a licensed Maryland attorney.
Sources for this section (3)
- Md. Code, Lab. & Empl. § 3-304 — Equal pay for comparable work
- Md. Code, Lab. & Empl. § 3-304.1 — Discussing and disclosing wages
- Md. Code, Lab. & Empl. § 3-307 — Equal pay: action by an employee
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Maryland attorney.