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Employees in Maryland can pursue claims related to illegal pay disparities under the federal Equal Pay Act, Maryland’s Equal Pay for Equal Work Act, and other federal and state anti-discrimination laws. Proving an illegal pay disparity requires evidence that an employer’s decision related to compensation or benefits was based on the affected employee’s sex or another protected characteristic. An experienced Maryland employment attorney can assist with gathering the evidence needed to prove your legal rights.
Several laws require employers in Maryland to provide equal pay for substantially equal work. While the federal Equal Pay Act and Maryland’s Equal Pay for Equal Work Act apply specifically to sex-based and gender-based pay discrimination, other anti-discrimination laws prohibit employers from basing pay disparities on other protected characteristics.
If you are a victim of pay discrimination, it is up to you to prove it. While various forms of evidence may be available to establish your claim for damages, you must be able to gather this evidence and present it effectively through the appropriate means. An experienced Maryland employment attorney can help; and, if you have questions about taking legal action, we strongly recommend speaking with an attorney promptly.
What Must You Prove to Establish an Equal Pay Violation in Maryland?
While the specific requirements for establishing an equal pay violation vary depending on the specific statute that applies, there are three basic elements of an equal pay claim under both state and federal law. To establish an illegal pay disparity, an employee must generally be able to prove:
- The employer is paying its employees differently based on a protected characteristic (i.e., paying men more than women);
- The employee performs work that is substantially equal to work performed by employees who receive higher pay or additional benefits; and,
- The employee works under similar working conditions and in the same facility, establishment, or workplace.
In Equal Pay Act cases, if an employee can prove these three elements, the burden then shifts to the employer to prove that the pay disparity is justified. A pay disparity that disadvantages members of a protected class may be justified if it is based on a seniority or merit system, or if it has another valid business purpose unrelated to employees’ personal characteristics.
What Types of Evidence Do You Need to File an Equal Pay Claim?
If you have a claim based on an illegal pay disparity, various forms of evidence may be available to prove it. With that said, the evidence that is available will depend on the specific circumstances of your case, and it is up to you to make sure you have the evidence you need.
With this in mind, some examples of types of evidence commonly used to prove illegal pay disparities under the Equal Pay Act, Maryland’s Equal Pay for Equal Work Act, and other applicable anti-discrimination statutes include:
- Company Policies – Manuals, human resources materials, compensation structures, seniority and merit systems, and other documentation of how employers determine pay
- Compensation Records – Offer letters, pay stubs, W-2s, tax returns, and other documentation of employees’ pay and benefits
- Internal Communications – Internal emails, text messages, direct messages and other communications discussing compensation policies generally or an employee’s pay in particular
- Job Descriptions – Job postings, employment contracts, employee handbooks and other documentation of employees’ substantially similar job responsibilities
- Performance Evaluations and Other Employment Records – Any form of documentation that demonstrates an employee’s pay is not based on relevant considerations
Once you hire a Maryland employment attorney to represent you, your attorney will be able to assist with gathering the evidence you need. Hiring an attorney promptly will help ensure that the evidence you need is not deleted or destroyed before you have a chance to preserve it.
FAQs: Filing an Equal Pay Claim as an Employee in Maryland
How do I file an equal pay claim in Maryland?
If you have an equal pay claim in Maryland, the steps you need to take depend on the specific law (or laws) that protect you. For example, if you have a claim under the Equal Pay Act, you have the option of filing a lawsuit in court or filing a charge with the Equal Employment Opportunity Commission (EEOC). If you have a claim under Maryland’s Equal Pay for Equal Work Act, you can either file a lawsuit or file a complaint with the Maryland Commission on Civil Rights (MCCR). Your attorney can help you decide how best to proceed.
How long do I have to file an equal pay claim in Maryland?
How long you have to file an equal pay claim in Maryland also depends on the specific law (or laws) that protect you. With that said, if you have grounds to file a claim against your employer, it is generally best to take legal action as soon as possible.
Do I need an attorney to file an equal pay claim in Maryland?
While not legally required, hiring an experienced Maryland employment attorney is strongly recommended. If you have an equal pay claim, you need to ensure that you do everything necessary to prove your legal rights, and you also need to ensure that you seek the full compensation you deserve.
How Our Maryland Employment Attorneys Can Help
From determining if you have grounds to file a claim to calculating the compensation you are entitled to recover, there are several ways our Maryland employment attorneys can help you throughout the process. If you need to know more about filing an equal pay claim in Maryland, we invite you to contact us for a confidential consultation.
Speak with an Experienced Maryland Employment Attorney in Strict Confidence
To schedule a confidential consultation with an experienced Maryland employment attorney at The Law Firm of J.W. Stafford, LLC, contact us today. Call 410-514-6099 or tell us how we can reach you online to start the process.