Maryland
In the state:
1. Is there an existing salary history ban (prohibiting employers from asking about prior salary(ies))? If so, what is the name of the State law that establishes that ban?
Yes. In accordance with the Maryland Equal Pay for Equal Work Act, employers are prohibited from requesting or relying on a job applicant's wage history to make decisions about employment or initial pay rates.
2. Is there a legal obligation to publish salaries when advertising roles internally or externally? If so, what is the requirement and what is the name of the State law that establishes that requirement?
Yes. In accordance with the Wage Range Transparency Act which came into effect on October 1, 2024, employers must disclose the wage or salary range in any public or internal job postings. If a job posting is not made available to the applicant, the information must be disclosed before a discussion of compensation is held or when requested by the applicant.
3. Is there a duty on employers to report on any gender pay differences? If so, what is the name of the State law that establishes that duty?
Yes. In accordance with the Equal Pay for Equal Work Act, employers with 15 or more employees are required to submit annual reports to the Employment Standards Service (ESS) within the Division of Labor and Industry on gender pay disparities to ensure transparency and address wage gaps between male and female employees.
4. Is there a duty on employers to report on any other pay (eg. ethnicity or disability etc.) differences? If so, what is the name of the State law that establishes that duty?
No.
5. Are employers required to take steps to reduce any identified pay gap?
Yes, employers must implement measures to address and rectify any gender pay disparities identified in their reports.
6. Where there is a duty to report on any pay difference:
- What is the required frequency of reporting? Annual.
- What are the requirement triggers (e.g. employee headcount)? See 3. above.
- Is the report required to be published externally? No.
- Is there any sanction for non-compliance? Yes. Employers who fail to comply with the reporting requirements or take corrective actions to address gender pay disparities may face the fines for each violation. The amount of the fine can vary depending on the severity and frequency of the violations.
7. Is there any pending legislation relating to pay transparency? If so, what is the current position?
N/A.
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