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<section article="gle" article_name="Labor and Employment" number="3-304" title_number="3" title_name="Employment Standards and Conditions" subtitle_number="3" subtitle_name="Equal Pay for Equal Work">
  <level label="a">
    <text>In this section, “providing less favorable employment opportunities” means:</text>
    <level label="1">
      <text>assigning or directing the employee into a less favorable career track, if career tracks are offered, or position;</text>
    </level>
    <level label="2">
      <text>failing to provide information about promotions or advancement in the full range of career tracks offered by the employer; or</text>
    </level>
    <level label="3">
      <text>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.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>An employer may not discriminate between employees in any occupation by:</text>
      <level label="i">
        <text>paying a wage to employees at a rate less than the rate paid to other employees 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 and the pay difference is based on the race, religious beliefs, sex, gender identity, or sexual orientation of the employees; or</text>
      </level>
      <level label="ii">
        <text>providing less favorable employment opportunities based on sex, race, religious beliefs, sexual orientation, disability, or gender identity.</text>
      </level>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
  </level>
  <level label="c">
    <text>Except as provided in subsection (d) of this section, subsection (b) of this section does not prohibit a variation in a wage that is based on:</text>
    <level label="1">
      <text>a seniority system that does not discriminate on the basis of sex, sexual orientation, or gender identity;</text>
    </level>
    <level label="2">
      <text>a merit increase system that does not discriminate on the basis of sex, sexual orientation, or gender identity;</text>
    </level>
    <level label="3">
      <text>jobs that require different abilities or skills;</text>
    </level>
    <level label="4">
      <text>jobs that require the regular performance of different duties or services;</text>
    </level>
    <level label="5">
      <text>work that is performed on different shifts or at different times of day;</text>
    </level>
    <level label="6">
      <text>a system that measures performance based on a quality or quantity of production; or</text>
    </level>
    <level label="7">
      <text>a bona fide factor other than sex, sexual orientation, or gender identity, including education, training, or experience, in which the factor:</text>
      <level label="i">
        <text>is not based on or derived from a gender–based differential in compensation;</text>
      </level>
      <level label="ii">
        <text>is job related with respect to the position and consistent with a business necessity; and</text>
      </level>
      <level label="iii">
        <text>accounts for the entire differential.</text>
      </level>
    </level>
  </level>
  <level label="d">
    <text>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, sexual orientation, gender identity, religious beliefs, race, or disability.</text>
  </level>
  <level label="e">
    <text>An employer who is paying a wage in violation of this subtitle may not reduce another wage to comply with this subtitle.</text>
  </level>
</section>
