When Can (and Should) You File an Equal Pay Act Claim in Maryland?

January 24, 2025
The Law Firm of J.W. Stafford

As a general rule, coworkers who have similar qualifications are entitled to equal pay for equal work. Yet, pay disparities remain common. According to the Maryland Department of Labor, while Maryland has the fourth smallest wage gap in the country, women in the state still only make 86 cents on the dollar compared to their male counterparts. If you believe that you are being underpaid, you may have a claim against your employer, and you should talk to a Maryland employment lawyer about your legal rights.

There are two primary laws that protect employees’ right to equal pay in Maryland—the federal Equal Pay Act and the Maryland Equal Pay for Equal Work Act. Here is an introduction to what you need to know about your legal rights under these laws:

Employees’ Rights Under the Federal Equal Pay Act

The federal Equal Pay Act (EPA) requires employers to provide equal compensation to similarly situated employees without regard to their sex. Compensation includes not only direct pay but also benefits such as bonuses, profit sharing, and vacation time.

The EPA applies specifically to employees who work in “substantially equal” jobs. Under the statute, jobs are considered to be substantially equal if they involve the same or similar skills, effort, responsibilities, workplace, and working conditions.

While the EPA generally requires equal pay for equal work, there are some exceptions. For example, the statute permits employers to provide disparate compensation based on seniority, merit and incentive systems, as well as certain other factors related to job performance.

Employees’ Rights Under the Maryland Equal Pay for Equal Work Act

The Maryland Equal Pay for Equal Work Act is broader than the federal Equal Pay Act in certain key respects. As a result, employees who are not covered under the EPA may still be able to file claims under state law. The Equal Pay for Equal Work Act prohibits employers in Maryland from:

“[P]aying 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 . . . .”

Along with prohibiting pay discrimination amongst a broader range of protected characteristics, the Maryland Equal Pay for Equal Work Act also provides broader protection in terms of work locations. While an “establishment” under the EPA is generally restricted to a single physical place of business, Maryland law provides that employees work in the same “establishment” if they “work for the same employer at workplaces located in the same county of the State.”

Do You Have a Claim for an Equal Pay Violation?

So, do you have a claim for an equal pay violation? If you have reason to believe that you are being paid less than someone else in a similar position at your job based on factors unrelated to your qualifications or job performance, the answer could be “Yes.” In this scenario, you will want to talk to a Maryland employment lawyer to learn more. An experienced lawyer will be able to evaluate your legal rights under both state and federal law, and if you have an equal pay claim, your lawyer will be able to take appropriate legal action on your behalf.

Amendments to Maryland’s Equal Pay for Equal Work Act adopted in 2024 were designed to make it easier for employees in the state to find out if they are being unfairly underpaid. As a result, if you are finding it difficult to find out if you are being underpaid, this itself could be a major red flag.

Finally, it is important to note that while the federal EPA and Maryland’s Equal Pay for Equal Work Act apply to compensation specifically, other state and federal anti-discrimination laws apply to compensation as well. As a result, if you believe that you are being unfairly undercompensated based on any personal characteristics not covered under these statutes, you can—and should—consult with a Maryland employment lawyer in this scenario as well.

Request an Appointment with a Maryland Employment Lawyer Today

Would you like to know more about filing an equal pay claim in Maryland? If so, we invite you to get in touch. To speak with an experienced Maryland employment lawyer in confidence, please call 410-514-6099 or request an appointment online today.