Title 3. Employment Standards and Conditions — Subtitle 3. Equal Pay for Equal Work

“Employer” means:

“Employer” includes a person who acts directly or indirectly in the interest of another employer with an employee.

“Wage” means all compensation for employment.

“Wage” includes board, lodging, or other advantage provided to an employee for the convenience of the employer.

any applicable pay scale;

any previously determined minimum and maximum hourly rate or minimum and maximum salary for the position;

the minimum and maximum hourly rate or minimum and maximum salary of an individual holding a comparable position at the time of the posting; or

the budgeted amount for the position.

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, sexual orientation, or gender identity.

An employer may not discriminate between employees in any occupation by:

For purposes of 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.

a seniority system that does not discriminate on the basis of sex, sexual orientation, or gender identity;

a merit increase system that does not discriminate on the basis of sex, sexual orientation, or gender identity;

jobs that require different abilities or skills;

jobs that require the regular performance of different duties or services;

work that is performed on different shifts or at different times of day;

a system that measures performance based on a quality or quantity of production; or

a bona fide factor other than sex, sexual orientation, or gender identity, including education, training, or experience, in which the factor:

prohibit an employee from:

require an employee to sign a waiver or any other document that purports to deny the employee the right to disclose or discuss the employee’s wages; or

take any adverse employment action against an employee for:

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.

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.

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 of another employee without that employee’s prior permission.

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 permission 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.

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.

require an employee to disclose the employee’s wages;

diminish employees’ rights to negotiate the terms and conditions of employment under federal, State, or local law;

limit the rights of an employee provided under any other provision of law or collective bargaining agreement;

create an obligation on any employer or employee to disclose wages;

permit an employee, without the written consent 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

permit an employee to disclose wage information to a competitor of the employer.

This subsection applies only with respect to a position for work that will be physically performed, at least in part, in the State.

An employer shall:

The Commissioner shall develop and make available to employers a form that an employer may use to comply with subsection (a) of this section.

An employer may comply with subsection (a) of this section by:

An employer may not:

After an employer makes an initial offer of employment with an offer of compensation to an applicant for employment, an employer may:

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 characteristics under § 3–304 of this subtitle.

Each employer shall keep each record that the Commissioner requires on:

Each employer shall keep a record of compliance with § 3–304.2 of this subtitle for each position for at least 3 years after:

An employer shall keep the records required under this subsection for the period of time that the Commissioner requires.

try to resolve any issue involved in the violation informally by mediation; or

ask the Attorney General to bring an action on behalf of the applicant or employee.

If an employer knew or reasonably should have known 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, sexual orientation, gender identity, religious beliefs, or race, or who have a disability and the wages paid to employees of another sex, sexual orientation, gender identity, religious beliefs, or race, or who do not have a disability who do the same type work and an additional equal amount as liquidated damages.

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.

An employee may bring an action on behalf of the employee and other employees similarly affected.

take an assignment of the claim in trust for the employee;

ask the Attorney General to bring an action in accordance with this section on behalf of the employee; and

consolidate 2 or more claims against an employer.

willfully violate any provision of this subtitle;

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; or

violate § 3–304.2 of this subtitle.

Except as provided in paragraph (2) of this subsection, an employer who violates any provision of subsection (a)(2) of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $300.

If the Commissioner determines that an employer has violated § 3–304.2 of this subtitle, the Commissioner:

In determining the amount of the penalty, if assessed, the Commissioner shall consider:

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.

the Secretary of Labor, or the Secretary’s designee;

the Commissioner, or the Commissioner’s designee;

the Executive Director of the Commission on Civil Rights, or the Executive Director’s designee; and

the following members, appointed by the Governor:

The term of a member appointed by the Governor is 4 years.

The terms of the members are staggered as required by the terms provided for the members of the Commission on June 1, 2016.

At the end of a term, a member continues to serve until a successor is appointed and qualifies.

A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

may not receive compensation; but

is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

continually evaluate the extent of wage disparities in the public and private sectors in the State between individuals of one race, sex, or gender identity and individuals of another race, sex, or gender identity, based on all available data;

establish a mechanism for the Commissioner to collect data from employers in the State to assist the Commission in its efforts to evaluate the disparities listed in item (1) of this subsection;

develop a comprehensive strategy to determine and recommend best practices regarding equal pay for equal work to individuals, employers, and policymakers;

study and make recommendations regarding whether and to what extent administrative and legal processes and remedies can be streamlined and harmonized across this subtitle and other employment antidiscrimination laws;

develop partnerships with private sector entities and other public sector entities to identify:

share data and findings with the Commissioner to assist in enforcement actions under this subtitle.