Maryland Free Printable Equal Opportunity Law Posters Maryland Equal Pay For Equal Work Fact Sheet Poster

The Equal Pay For Equal Work Fact Sheet is an equal opportunity law poster by the Maryland Department Of Labor, Licensing and Regulation. This is an optional poster, so while it is recommended that you post this if it is relevant to your employees, you are not required to by the Department Of Labor, Licensing and Regulation.

This poster must be posted in a conspicuous place where all employees will see it. This poster describes the right that employees have to receive the same pay for the same work regardless of sex as well as what happens to employers that violate this law.


MD All-In-One Labor Poster: Instead of printing out dozens of posters, employers can also purchase an all-in-one poster that covers both Maryland and Federal poster requirements by clicking here .

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3-301. Definitions.    
 (a)  In general. - In this subtitle the following words have the meanings indicated.  
 (b)  Employer. –  
       (1) "Employer" means:  
 (i) a person engaged in a business, industry, profession, trade, or other enterprise in the State;  
 (ii) the State and its units;  
 (iii) a county and its units; and  
      (iv) a municipal government in the State.  
 (2) "Employer" includes a person who acts directly or indirectly in the interest of another employer with    
 an employee.  
(c)  “Gender Identity” has the meaning stated in § 20-101 of the State Government Article. (“Gender identity” 
means the gender–related identity, appearance, expression, or behavior of a person, regardless of the person’s 
assigned sex at birth, which may be demonstrated by consistent and uniform assertion of the person’s gender 
identity; or any other evidence that the gender identity is sincerely held as part of the person’s core identity.) 
  (d)  Wage. – 
  (1) "Wage" means all compensation for employment.  
 (2) "Wage" includes board, lodging, or other advantage provided to an employee for the convenience of 
the employer.  
 
3-302. Scope of subtitle.   
   This subtitle applies to an employer of both men and women in a lawful enterprise.  
 
3-303. Miscellaneous powers of Commissioner.   
   In addition to any powers set forth elsewhere, the Commissioner may:   
(1) use informal methods of conference, conciliation, and persuasion to eliminate pay practices that are 
unlawful under this subtitle; and  
(2) supervise the payment of a wage owing to an employee under this subtitle.  
 
3-304. Equal pay for equal work.   
(a) In this section, “providing less favorable employment opportunities” means: 
(1) Assigning or directing the employee into a less favorable career track, if career tracks are offered, or 
position; 
(2) Failing  to  provide  information about promotions or advancement in the full range of career tracks 
offered by the employer; or 
(3) Limiting or depriving an employee of employment opportunities that would otherwise be available to 
the employee but for the employee’s sex or gender identity. 
(b) (1)  In general. - An employer may not discriminate between employees in any occupation by  
                         (i) paying  a  wage  to  employees  of one sex or  gender  identity at  a  rate  less  than  the  rate  paid  to 
employees of another sex or gender identity if both 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; or 
     (ii) providing less favorable employment opportunities based on sex or gender identity. 
(2)  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. 
(c)  Effect of requirement. – 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:  
(1) a seniority system that does not discriminate on the basis of sex or gender identity;  
(2) a merit increase system that does not discriminate on the basis of sex or gender identity;  
  (3) jobs that require different abilities or skills;  
(4) jobs that require the regular performance of different duties or services;  
(5) work that is performed on different shifts or at different times of day; 
(6) a system that measures performance based on a quality or quantity or production; or  
(7) a bona fide factor other than sex or gender identity, including education, training, or experience in 
which the factor: 
 
 
Maryland  
Equal Pay for Equal Work  
 (Labor and Employment Article Title 3, Subtitle 3)

(i) is not based on or derived from a gender-based differential in compensation; 
(ii) is job related with respect to the position and consistent with a business necessity; and 
(iii) accounts for the entire differential. 
 
(d)  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 or sex or gender 
identity. 
(e) Reduction in wages. - An employer who is paying a wage in violation of this subtitle may not reduce another 
wage to comply with this subtitle.  
   
3-304.1  (a) An employer may not:   
(1) prohibit an employee from:   
 (i) inquiring about, discussing, or disclosing the wages of the employee or another employee; or  
(ii)  requesting  that  the  employer  provide  a  reason  for    why  the  employee’s  wages  are  a  condition  of 
employment;   
(2) 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  
(3) take any adverse employment action against an employee for:  
  (i) inquiring about another employee’s wages;   
  (ii) disclosing the employee’s own wages;  
 (iii) discussing another employee’s wages if those  wages have been disclosed voluntarily;  
   (iv) asking the employer to provide a reason for the employee’s wages; or  
  (v) aiding or encouraging another employee’s exercise of rights under this section.   
  (b) (1)  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.  
  (2)  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.  
(3) 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.  
(c) except as provided in subsection (d) of this section, the failure of an employee to adhere to a reasonable 
limitation included in a written policy under subsection (b) of this section shall be an affirmative defense to a 
claim made against an employer by the employee under this section if the adverse employment action taken by 
the employer was for a failure to adhere to the reasonable limitation and not for an inquiry, a discussion, or a 
disclosure of wages in accordance with the limitation.  
(d) (1) 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.  
(2) 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.  
(e) Nothing in this section shall be construed to:  
   (1) require an employee to disclose the employee’s wages;  
(2) diminish employees’ rights to negotiate the terms and conditions of employment under federal, state, or 
local law;   
(3)  limit  the  rights  of  an  employee  provided  under  any  other  provision  of  law  or  collective  bargaining 
agreement;  
    (4) create an obligation on any employer or employee to disclose wages;  
(5) 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 
(6) permit an employee to disclose wage information to a competitor of the employer. 
 
 
 
3-305. Records and reports.

(a) (1) Each employer shall keep each record that the Commissioner requires on:  
   (i)   wages of employees;  
  (ii)   job classifications of employees; and 
    (iii)  other conditions of employment. 
(2) An employer shall keep the records required under this subsection for the period of time that the 
Commissioner requires.  
(b)  On  the  basis  of  the  records  required  under  this  section,  an  employer  shall  make  each  report  that  the 
Commissioner requires.   
 
3-306. Copies and posting of subtitle.   
(a) Copies. - On request of an employer, the Commissioner shall provide without charge a copy of this subtitle 
to the employer.  
(b) Posting. - Each employer shall keep posted conspicuously in each place of employment a copy of this 
subtitle.  
(c)  The  Commissioner,  in  consultation  with  the  Maryland  Commission  on  Civil  Rights,  shall  develop 
educational  materials  and make training available to assist employers in adopting training, policies, and 
procedures that comply with the requirements of this subtitle. 
 
3-306.1. Enforcement 
(a) Whenever the Commissioner determines that this subtitle has been violated, the Commissioner 
shall: 
(1) try to resolve any issue involved in the violation informally by mediation; or  
(2) ask the Attorney General to bring an action on behalf of the applicant or employee. 
(b) The Attorney General may bring an action under this section in the county where the violation 
allegedly occurred for injunctive relief, damages, or other relief. 
 
3-307. Action against employer by or for employee.   
(a) Action by employee. 
(1) 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 or gender identity and the wages 
paid to employees of another sex or gender identity who do the same type work and an additional equal 
amount as liquidated damages.  
(2)  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. 
 (3) An employee may bring an action on behalf of the employee and other employees similarly affected.  
 (b) Assignment of claims. - On the written request of an employee who is entitled to bring an action under this 
section, the Commissioner may:  
(1) take an assignment of the claim in trust for the employee;  
(2)  ask  the  Attorney  General  to  bring  an  action  in  accordance  with  this  section  on  behalf  of  the 
employee; and  
(3) consolidate 2 or more claims against an employer.  
(c) Limitations period. - An action under this section shall be filed within 3 years after the employee receives 
from the employer the wages paid on the termination of employment under § 3-505(a) of this title. 
(d) Defense. - The agreement of an employee to work for less than the wage to which the employee is entitled 
under this subtitle is not a defense to an action under this section.  
(e) Costs. - If a court determines that an employee is entitled to judgment in an action under this section, the 
court  shall  allow  against  the  employer  reasonable  counsel  fees  and  other  costs  of  the  action,  as  well  as 
prejudgment interest in accordance with the Maryland Rules. 
 
3-308. Prohibited acts; penalties.   
(a) Prohibited acts of employer. - An employer may not:  
(1) willfully violate any provision of this subtitle;  
(2) hinder, delay, or otherwise interfere with the Commissioner or an authorized representative of the 
Commissioner in the enforcement of this subtitle;  
(3) 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

(4) discharge or otherwise discriminate against an employee because the employee:  
(i) makes a complaint to the employer, the Commissioner, or another person;  
(ii) brings an action under this subtitle or a proceeding that relates to the subject of this subtitle or 
causes the action or proceeding to be brought; or  
(iii) has testified or will testify in an action under this subtitle or a proceeding that relates to the 
subject of this subtitle.  
(b) Prohibited acts of employee. - An employee may not:  
(1) make a groundless or malicious complaint to the Commissioner or an authorized representative of 
the Commissioner;  
    (2) in bad faith, bring an action under this subtitle;  
    (3) in bad faith, bring a proceeding that relates to the subject of this subtitle; or  
 (4) in bad faith, testify in an action under this subtitle or a proceeding that relates to the subject of this   
 subtitle.  
(c) Action by Commissioner. - The Commissioner may bring an action for injunctive relief and damages against a 
person who violates subsection (a)(1) or (4) or subsection (b)(1), (3), or (4) of this section.  
(d) Penalties. - An employer who violates any provision of subsection (a)(2) or (3) of this section is guilty of a 
misdemeanor and on conviction is subject to a fine not exceeding $300. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
      
 
 
 
 
 
 
 
  
 
 
 
 
 
 
For additional information or to file a complaint, please contact: 
 
FOR MORE INFORMATION CONTACT: 
Department of Labor, Licensing and Regulation 
Division of Labor and Industry 
Employment Standards Service 
1100 N. Eutaw St. Rm. 607, Baltimore, MD 21201 
Phone: 410-767-2357 
 Rev: 9/2016

Other Maryland Labor Law Posters 5 PDFS

There are an additional ten optional and mandatory Maryland labor law posters that may be relevant to your business. Be sure to also print all relevant state labor law posters, as well as all mandatory federal labor law posters.

Poster Name Poster Type
Mandatory DLLR/OUI 328 to Employees Unemployment Law
Mandatory Maryland Minimum Wage and Overtime Law Minimum Wage Law
Mandatory DLLR PUB/OUI 6116 Health Insurance Law
Mandatory Discriminacio'n en el Empleo es Illegal (Spanish Poster-Color) Equal Opportunity Law
Mandatory Employment Discrimination is Unlawful (Poster-Color) Equal Opportunity Law

View all 11 Maryland labor law posters


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