Pay equity is not just a fairness issue, it’s the law. Equal pay laws in Maryland are designed to ensure that employees receive equal compensation for substantially similar work, regardless of gender, sex, race, or other protected characteristics. If you're an employee concerned about wage discrimination or an employer working to ensure compliance, you owe it to yourself or your employees to understand the laws surrounding pay equity and strive for fairness for all.
At Lebau & Neuworth, we help Maryland workers and businesses navigate complex employment laws, including wage equity and pay discrimination matters. The first step to achieving equity is to understand exactly how the law protects equal pay and further pursues an equality for all in the workplace.
Maryland has some of the strongest state-level wage equity laws in the country, building on federal protections established under the Equal Pay Act of 1963. By enshrining worker protections at the state level, the legislature is ensuring that you will always be protected with clear regulations regardless of the direction the federal government takes equal pay laws.
Enacted in 2016 and expanded in recent years, Maryland’s Equal Pay for Equal Work law prohibits employers from paying employees of one sex or race less than employees of another for comparable work, unless the pay difference is based on legitimate business-related factors.
This law goes beyond the federal Equal Pay Act by explicitly including gender identity and race, and it protects employees from retaliation for discussing or asking about wages.
Maryland’s law protects employees of all genders, races, and gender identities. It applies to both full-time and part-time workers and prohibits employers from:
The law applies to all public and private employers in Maryland, regardless of size. Even small businesses must comply with wage equity requirements and ensure that compensation differences are legally justified.
The Equal Pay Act covers a variety of situations that could constitute a violation. Equal Pay for Equal Work is rather self explanatory but there are a number of common occurrences that still happen even after stronger wage discrimination laws were passed.
Violations can include:
Maryland law allows some justifiable pay differences where they make sense, but only when based on:
Employers in Maryland have a legal responsibility to:
Companies that fail to comply may face civil penalties, legal claims, and reputational harm. Employers unsure of their policies should consider working with an employment lawyer to audit and correct any issues. Ignorance is not an excuse for breaking the law.
If you believe you're being paid unfairly, take these steps:
At Lebau & Neuworth, we regularly assist employees with wage discrimination, employment contract negotiations, and other related matters.
If you’re unsure where to start, we provide a confidential consultation. Contact Lebau & Neuworth at (410) 296-3030 to speak with a member of our legal team.
Maryland law complements and strengthens federal protections under the Equal Pay Act of 1963 and Title VII of the Civil Rights Act of 1964.
Here’s how they compare:
Feature | Federal Law | Maryland Law |
Protected Characteristics | Sex, gender identity, and race | Sex, gender identity, and race |
Discussion of Wages | Covered under the National Labor Relations Act | Explicit protection for wage discussions |
Salary History Ban | No federal ban | Prohibited in Maryland |
Employer Coverage | All employer sizes must be compliant if they have more than one employee | All Maryland employers |
While both Maryland and the Federal government have similar laws, Maryland's are enshrined at the state level and take it a step further. Both sets of laws prohibit retaliation and offer remedies such as back pay, reinstatement, and legal fees if a claim is successful.
If you’re facing unclear pay disparities, retaliation, or possible violations of wage equity laws, it's time to speak with an experienced equal pay act attorney. At Lebau & Neuworth, we’ve helped countless Maryland workers and employers resolve wage discrimination disputes and ensure compliance.
Equal pay laws in Maryland provide powerful protections for employees and clear obligations for employers. If you're being paid unfairly or are concerned about wage equity in your organization, it’s crucial to take advantage of the rights given to you by the state of Maryland to ensure you receive equal pay for equal work.
Whether you're negotiating a salary, reviewing compensation policies, or preparing for a potential claim, Lebau & Neuworth is here to help.
Call (410) 296-3030 or contact us online to schedule a consultation with a trusted employment law attorney.